NORTHSIDE INDEPENDENT SCHOOL DISTRICT

Transcription

1 RJB NORTHSIDE INDEPENDENT SCHOOL DISTRICT Request for Proposal # for: INDEFINITE QUANTITY CONTRACT FOR SITE WORK Proposals Received until 2:00 PM, August 23, 2018 FACILITIES & OPERATIONS DEPARTMENT Leroy San Miguel, Assistant Superintendent for Facilities and Operations Henry Acosta, Executive Director, Construction & Engineering 5900 Evers Rd., Bldg. E, San Antonio, Texas Telephone: (210) Fax (210) PURCHASING DEPARTMENT George M. Ayala, Director of Purchasing 607 Richland Hills Dr. Suite 700, San Antonio, Texas Telephone: (210) or (210) Fax (210)

2 Page 2 of 92 TABLE OF CONTENTS Table of Contents 2 Section 1 Request for Proposals 3 Section 2 Instructions to Proposers 5 Section 3 Proposal Form 8 Schedule 1: Contractor s Qualification Statement 10 Schedule 2: Northside Certification Forms 11 Schedule 3: Hold Harmless Agreement 17 Schedule 4: Insurance and Bonding Certification 18 Schedule 5: Conflict of Interest Questionnaire (Form CIQ) 19 Schedule 6: Financial Statements 21 Section 4 General Conditions of the Contract for Construction 22 Section 5 Northside ISD Supplementary Conditions 23 Section 6 Northside ISD Owner s Special Conditions 50 Section 7 Appendix A Minimum Wage Rate Determination 71 Section 8 Scope of Work 74 Attachment A-1: NISD School Locator Area Map 78 Attachment A-2: AIA Document A Attachment A-3: AIA Document G Attachment A-4: AIA Document G Attachment A-5: AIA Document G Attachment A-6: AIA Document G Attachment A-7: AIA Document G Attachment A-8: AIA Document G706A Attachment A-9: Contractor s Asbestos-Free Affidavit 86 Attachment A-10: Weather Data Sheet for San Antonio, Texas 87 Attachment A-11: Certificate of Liability Insurance 88 Attachment A-12: Warranty Item Letter 89 Attachment A-13: NISD Facilities & Operations Project Closeout Checklist 90 Attachment A-14: Subcontractor/Supplier Release of Lien Closeout Checklist 91 Attachment A-15: Request for Proposals Evaluation Worksheet 92

3 Page 3 of 92 SECTION 1 REQUEST FOR PROPOSALS The Northside Independent School District ( NISD or Owner ) of San Antonio, Texas is requesting proposals for furnishing and delivering SITE WORK as per the specifications and conditions of this Request for Proposals. Proposals are to be submitted on the accompanying Proposal Form in accordance with this Request for Proposal and the accompanying Instructions to Proposers. 1. DESCRIPTION OF WORK. The description of work is generally described in Section 8 attached hereto. 2. PROJECT PERFORMANCE PERIOD. All Work will be performed on an AS NEEDED basis. 3. TYPE OF PROPOSAL. Indefinite Quantity Contract (IDQ). NISD anticipates that an amount of Site Work and related construction Work will be required by the Bond Projects as well as other applicable NISD projects and installations during the terms of this Agreement. 4. PROPOSAL DOCUMENTS. Proposal Documents may be obtained from the Northside Independent School District Purchasing Department s website: 5. PRE-PROPOSAL CONFERENCE. A Pre-Proposal Conference will be conducted at 1:30pm CDT, August 7, 2018 in the Northside ISD Engineering Services Conference Room, 5900 Evers Road, San Antonio, Texas. All persons desiring to offer a proposal are encouraged and invited to attend this conference. 6. SCHEDULE OF PROPOSAL DOCUMENTS. The Proposal Documents for this Project are enumerated in the Table of Contents and Proposal Instruction Sections of this RFP. 7. RECEIPT OF PROPOSALS. Proposals will be received until 2:00 PM on August 23, 2018 at the Purchasing Department at 607 Richland Hills Dr. Suite 700. Late proposals will not be accepted. 8. PROPOSAL SECURITY FOR IDQ CONTRACT: Proposal security in the form of a certified check or proposal bond in the amount of five percent (5%) of $100, is attached hereto, as a guaranty that the Offeror will unconditionally execute a satisfactory contract and furnish the payment and performance bonds, insurance and satisfy all other requirements for execution and delivery of the Contract Documents and commencement of the Work and per individual contract order. All proposal securities submitted for consideration must meet the Bid Bond requirements enumerated on the District s Purchasing Department website: 9. PROPOSAL SECURITY FOR INDIVIDUAL PROJECTS: Any proposal over twentyfive thousand dollars ($25,000.00), must be accompanied by proposal security in the amount of five percent (5%) of the total proposal, including all additive alternatives, pledging that the successful Offeror will, within 30 calendar days after the successful Offeror is notified of the acceptance of its proposal, enter into a written contract with the Owner on the terms stated in the Proposal Documents, as evidenced by the

4 Page 4 of 92 unconditional execution and delivery of such contract, and furnish payment and performance bonds, evidence of insurance and other submittals as required by the Proposal Documents. Should the successful Offeror fail or refuse to enter into such contract or furnish such bonds or evidence of insurance within the time above-stated, such proposal security shall be forfeited to the Owner as damages, not as a penalty. Such proposal security shall be in the form of cash, certified funds payable to the order of the Owner, or a bond in favor of the Owner. The bond shall be on AIA Document A Edition, and shall be issued by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds. If the amount of the bond exceeds the legal underwriting limitation of the surety, the Offeror and the surety shall provide the Owner with evidence that the excess is reinsured with one or more re-insurers who are duly authorized, accredited, and licensed to do business in the State of Texas. Any proposal which is not accompanied with proposal security in the form and amount required herein shall be rejected as nonconforming. The Owner shall have the right to retain the security of all Offerors to whom an award is being considered until either (i) the Contract has been unconditionally executed and delivered by the parties and any required payment and performance bonds, evidence of insurance and other submittals have been furnished, or (ii) all proposals have been rejected by the Owner without the acceptance of any proposal. All proposal securities submitted for consideration must meet the Bid Bond requirements enumerated on the District s Purchasing Department website: PAYMENT AND PERFORMANCE BONDS FOR INDIVIDUAL PROJECTS: Any individual project proposal submitted as a result of this contract over twenty five thousand dollars ($25,000.00) must be accompanied by a Payment Bond, and any individual project proposal submitted as a result of this contract over one hundred thousand dollars ($100,000.00) must be accompanied by a performance bond. The bonds shall be on AIA Document A Edition, and shall be issued by a corporate surety duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds. If the amount of the bond exceeds the legal underwriting limitation of the surety, the Offeror and the surety shall provide the Owner with evidence that the excess is reinsured with one or more re-insurers who are duly authorized, accredited, and licensed to do business in the State of Texas.

5 Page 5 of 92 SECTION 2 INSTRUCTIONS TO PROPOSERS 1. PROPOSAL DOCUMENTS: The Proposal Documents shall include the Request for Proposals, these Instructions to Proposers, the Proposal Form (including all Exhibits thereto), and the Contract Documents (as defined below). The Contract Documents shall consist of the Agreement between the Owner and Contractor (AIA Form A101, 2007 Edition) (the Contract ), the General Conditions to the Contract (AIA Form A201, 2007 Edition), the Northside ISD Supplementary Conditions included with the Proposal Documents, and the Drawings, and all Addenda issued prior to execution of the Contract. NISD assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents. 2. PROPOSAL FORM: Proposals shall be submitted on the prescribed form included in the Proposal Documents. All blanks on the Proposal Form shall be completed, in ink or typewritten. ORIGINAL SIGNATURES ARE REQUIRED. Each copy of the Proposal Form shall include the legal name of the proposer and shall indicate whether the propser is a sole proprietor, partnership, corporation, or other legal entity. Each copy of the Proposal Form shall be signed by the person or persons legally authorized to bind the proposer. A proposal by a corporation or other entity shall include the state of incorporation or organization of the proposer, evidence of registration to do business in Texas and reasonable evidence of the authority of the person signing the proposal to bind the corporation or other entity. Each proposer shall complete, execute, and deliver (as applicable) with its proposal, as part of the Proposal Form included with the Proposal Documents, the following: (a) (b) CONTRACTOR S QUALIFICATION STATEMENT: Executed counterpart of the Contractor s Qualification Statement (AIA Form A305), Schedule 1. FELONY CONVICTION NOTIFICATION: Executed counterpart of the Felony Conviction Notification attached to the Proposal Form as Schedule 2. (c) HOLD HARMLESS AGREEMENT: Executed counterpart of the Hold Harmless Agreement attached to the Proposal Form as Schedule 3. (d) (e) INSURANCE AND BONDING CERTIFICATION: Executed counterpart of the Insurance and Bonding Certification attached to the Proposal Form as Schedule 4. CONFLICT OF INTEREST QUESTIONAIRE FORM: Executed counterpart of the Conflict of Interest Questionnaire Form attached to the Proposal Form as Schedule 5. The above referenced items are required by the Owner to adequately evaluate the Offeror s qualifications. Failure of the proposer to deliver Schedule 1 through 6 of the above referenced items with its proposal shall constitute a basis for rejection of the proposal by the Owner. 3. SUBMISSION AND RECEIPT OF PROPOSALS: All proposals must be delivered in person or by United States mail. Proposals received by any other means are invalid and will not receive consideration. All documents required to be submitted, as set forth in the Proposal Form (pages 9 and 10) and in the Instructions to Proposers shall be enclosed in a sealed, opaque envelope, addressed to the Director of Purchasing

6 Page 6 of 92 for Northside Independent School District at the address specified below and identified as: Proposal for an Indefinite Quantity Contract for Site Work RFP No If the proposal is delivered other than by personal delivery, the sealed envelope shall be enclosed in a separate envelope clearly notated Sealed Proposal Enclosed on the face thereof. All proposals must be delivered to Owner at the following address: Northside Independent School District 607 Richland Hills Dr. Purchasing Department, Suite 700 San Antonio, Texas Attn: George M. Ayala, Director of Purchasing Proposals will be received by the Owner until 2:00 PM on August 23, Each Proposer shall assume full responsibility for the timely delivery of their proposal to the location designated for receipt of proposals. Proposals received after the date and time for receipt of proposals will not receive consideration and will be returned unopened. By submitting a proposal, the proposer represents that (I) the proposer is licensed for site contracting work in the Northside Independent School District area, (II) the proposer has read and understands the Proposal Documents; and (III) the proposal is made in accordance with the Proposal Documents. By submitting a proposal, each proposer agrees to waive any claim it has or may have against the Owner, the Engineer (if applicable), and their trustees, officers, shareholders, directors, partners, agents, contractors, consultants and employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents; acceptance or rejection of any proposals; and award of the Contract. 4. ACCEPTANCE AND/OR REJECTION OF PROPOSALS: The Owner may request from a proposer a written interpretation of any term or statement in a proposal that is or appears unclear or subject to more than one interpretation, and may act upon such written interpretation. The Owner shall have the right to reject all proposals; to reject a proposal not accompanied by the required proposal documents; to reject a proposal which is in any way incomplete, irregular, or nonconforming; or to reject a proposal which may otherwise be legally rejected for any reason. The Owner may waive any formality in any proposal to the fullest extent permitted by applicable law. Except to the extent that applicable law prohibits such, and without limiting the generality of the foregoing, the Owner may also consider, among other things; (I) the proposer s reliability, capacity, ability, character, experience, reputation, integrity, skill, efficiency, energy, stability and judgment; (II) the satisfaction of the Owner s previous dealings with the proposer including timely completion of work, compliance with laws, and warranty service; (III) the proposer s personnel and facilities for carrying out the work; (IV) the proposer s financial strength; (V) the proposer s safety record; (VI) the length of construction time proposed, if applicable; (VII) the probability of satisfactory future maintenance, repair, and service to be performed by

7 Page 7 of 92 the proposer; and (VIII) any other appropriate factors that demonstrate the capability of the proposer. It is the intent of the Owner to have as much discretion in the manner of awarding the contract based on the Best Overall Value to the District and the determination of responsibility or non-responsibility of proposers as the law allows. Each proposer shall furnish to the Owner, all such information and data requested by the Owner to help it in determining the proposer s qualifications and responsibility. Unless the Owner rejects all proposals, the Owner may award the Contract to Multiple Vendors to establish a Qualified Vendor list. Only Qualified Vendors will be invited to submit proposals for NISD site projects and installations. The Owner may award the projects to the responsible and responsive Qualified Vendor(s) to provide the Best Overall Value to The District, or in any other manner permitted by applicable law, including, without limitation, any means permitted under Texas Education Code, Section (b) el seq. The Owner will make a decision regarding determination of the successful proposal as soon as practical. It is anticipated that most Individual Work Authorizations executed under this contract will be valued at less than $100,000. Any work authorization in excess of $25,000 shall require submission of payment bonds. 5. DISQUALIFICATION: NISD reserves the right to disqualify a proposal, before or after the proposal opening, upon evidence of collusion with intent to defraud or other illegal practices on the part of a proposer. 6. LENGTH OF CONTRACT: This Contract will be in effect for a period of one (1) year from date of award notification. If agreeable between the owner and the vendor(s), the Contract may be extended for three (3) additional one-year periods. 7. NONAPPROPRIATION OF FUNDS: In the event funds are not appropriated by the Northside Independent School District s governing body in any fiscal period for payments due under RFP No , Indefinite Quantity Contract for Site Work, then the Director of Purchasing, or designee, will notify the successful vendor(s), or designee(s), of such occurrence and this Contract will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Northside Independent School District of any kind whatsoever, except as to the portions of the Contract or other payments herein agreed upon for which funds will have been appropriated and budgeted or are otherwise available. 8. EQUALS: NISD reserves the right to determine equals.

8 Page 8 of 92 SECTION 3 - PROPOSAL FORM PROPOSAL FORM (Competitive Sealed Proposal) PROPOSAL OF: (Name of Offeror) TO: George M. Ayala Attn: Director of Purchasing 607 Richland Hills Dr. Purchasing Department, Suite 700 San Antonio, Texas FOR: PROPOSAL # Dear Owner: The Offeror named herein (hereinafter called Offeror ), in compliance with the Invitation to Offerors and Instructions to Offerors for the ( Project ) for the Northside Independent School District, San Antonio, Texas ( Owner ), having inspected the Project site and carefully examined the Project Drawings, Specifications, Addenda Nos. (list individually), and all other Contract Documents (as such term is defined in the Instructions to Offerors), hereby offers to enter into a contract to furnish all labor, materials, tools, equipment, transportation, machinery, supplies, insurance, permits, taxes and services necessary to complete the Work in accordance with the Contract Documents, within the time set forth herein. The Offeror fully understands the intent and purpose of the Contract Documents and the conditions of offer as set forth herein and in the Invitation to Offerors and the Instructions to Offerors. The Offeror hereby covenants and agrees that claims for additional compensation or extensions of time because of Offerors failure to familiarize itself with the Contract Documents or any condition at a Project site, which might affect the Work, will not be allowed. 1. Proposal Security: Proposal security in the form of a certified check or proposal bond in the amount of five percent (5%) of $100, is attached hereto, as a guaranty that the Offeror will unconditionally execute a satisfactory contract and furnish the payment and performance bonds, insurance and satisfy all other requirements for execution and delivery of the Contract Documents and commencement of the Work and per individual contract order. All proposal securities submitted for consideration must meet the Bid Bond requirements enumerated on the District s Purchasing Department website: 2. Representations: By execution and submission of this Proposal, the Offeror hereby covenants, represents and warrants to Owner as follows: (a) The Offeror has prior experience on construction projects of the same or similar type, nature and class as the Work for the Project. (b) The Offeror has read and understands the Proposal Documents, including the Contract Documents, and this Proposal is made in accordance with the Proposal Documents.

9 Page 9 of 92 (c) The Offeror has carefully inspected the Contract Documents, and that from the Offerors own investigation, the Offeror has satisfied itself as to the nature and location of the Work and the character, quality, materials and difficulties to be encountered; the kind and extent of equipment and other facilities needed for the performance of the Work; the general and local conditions and other items which may in any way affect the Work or its performance; and the Offeror has correlated the Offerors site observations with the requirements of the Contract Documents. The Offeror understands and accepts the difficulties and costs associated with the Work and the Project site and the potential delays, disruptions in work and costs associated therewith and has included such considerations in its construction schedule and the Proposal amount. (d) To the fullest extent permitted by applicable law, the Offeror hereby waives any and all claims it has or may hereafter have against the Owner, the Engineer, and their respective trustees, officers, shareholders, directors, partners, agents, contractors, consultants and employees arising out of or in connection with, or related to (i) the administration, evaluation, ranking, or recommendation of any proposals; (ii) any requirements under the Proposal Documents or the Contract Documents; (iii) acceptance or rejection of any proposals; and (iv) the award of the Contract. The Offeror knows and understands that the Offeror, by this waiver, is relinquishing current and future rights, benefits and advantages, and the Offeror hereby does so voluntarily and intentionally. 3. Attached Schedules and Selection Criteria Exhibits: The following Schedules and Exhibits are attached to this Proposal Form, and by this reference are expressly incorporated herein: Schedule 1 - Contractor s Qualification Statement (AIA Form A305) Schedule 2 - Felony Conviction Notification Schedule 3 - Hold Harmless Agreement Schedule 4 - Insurance and Bonding Certification Schedule 5 - Conflict of Interest Questionnaire Schedule 6 - Financial Statements Exhibit A - Exhibit B - Exhibit C - Relevant Experience Project Management Ability Past Performance CORPORATE OFFICER S ORIGINAL SIGNATURE (INK) PRINTED NAME TITLE

10 Page 10 of 92 SCHEDULE 1 CONTRACTOR S QUALIFICATION STATEMENT Executed counterpart of the Contractor s Qualification Statement (AIA Document A305) attached to the Proposal Form as Schedule 1.

11 Page 11 of 92 SCHEDULE 2 NORTHSIDE ISD VENDOR CERTIFICATION FORMS FELONY CONVICTION NOTIFICATION Texas Education Code, Section , Notification of Criminal History of Contractor, subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business for services performed before the termination of the contract. Does vendor agree? YES Initials of Authorized Representative of vendor CERTIFICATE OF INTERESTED PARTIES FORM 1295 A person or business entity entering into a contract and/or agreement with NISD is required by the New Government Code Statute , to complete Form 1295 Certificate of Interested Parties. This form must be submitted online at Once the online submission has been processed and a claim number has been issued, the form must be printed with the claim number, then signed and submitted along with the bid/quote/proposal document(s). If Form 1295 is not submitted along with your bid/quote/proposal response, your response may be considered non-responsive and may be disqualified. Does vendor agree? YES Initials of Authorized Representative of vendor Is publicly traded business entity, including a wholly owned subsidiary of the business entity. Or Initials of Authorized Representative of vendor CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION As per Section of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract. Does vendor agree? YES Initials of Authorized Representative of vendor

12 Page 12 of 92 CERTIFICATION OF COMPLIANCE WITH HOUSE BILL 89 Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with Northside Independent School District. Does vendor agree? YES Initials of Authorized Representative of vendor REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 The following provisions are required and apply when federal funds are expended by Northside ISD for any contract resulting from this procurement process. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when federal funds are expended by Northside ISD, Northside ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does vendor agree? YES Initials of Authorized Representative of vendor (A) Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when federal funds are expended by Northside ISD, Northside ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Northside ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Northside ISD believes, in its sole discretion that it is in the best interest of Northside ISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by Northside ISD as of the termination date if the contract is terminated for convenience of Northside ISD. Any award under this procurement process is not exclusive and Northside ISD reserves the right to purchase goods and services from other vendors when it is in the best interest of Northside ISD. Does vendor agree to abide by the above? YES Initials of Authorized Representative of vendor (B) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of federally assisted construction contract in 41 CFR Part must include the equal opportunity clause provided under 41 CFR (b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR Part, Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order Relating to Equal Employment Opportunity, and

13 Page 13 of 92 implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. Pursuant to Federal Rule (C) above, when federal funds are expended by Northside ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does vendor agree to abide by the above? YES Initials of Authorized Representative of vendor (C) Davis-Bacon Act, as amended (40 U.S.C ). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C , and ) as supplemented by Department of Labor regulations (29 CFR Part 5, Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti-Kickback Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when federal funds are expended by Northside ISD, during the term of an award for all contracts and sub grants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions. Does vendor agree? YES Initials of Authorized Representative of vendor (D) Contract Work Hours and Safety Standards Act (40 U.S.C ). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act. Does vendor agree? YES Initials of Authorized Representative of vendor

14 Page 14 of 92 (E) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement under 37 CFR (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does vendor agree? YES Initials of Authorized Representative of vendor (F) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), as amended Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (G) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does vendor agree? YES Initials of Authorized Representative of vendor (G) Debarment and Suspension (Executive Orders and 12689) A contract award (see 2 CFR ) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order Pursuant to Federal Rule (H) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does vendor agree? YES Initials of Authorized Representative of vendor (H) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

15 Page 15 of 92 (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly. Does vendor agree? YES Initials of Authorized Representative of vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS 2 CFR When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR The vendor further certifies that vendor will retain all records as required by 2 CFR for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does vendor agree? YES Initials of Authorized Representative of vendor CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS IN EXCESS OF $100,000 OF FEDERAL FUNDS When federal funds are expended by Northside ISD for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order and Environmental Protection Agency Regulation, 40 CFR Part 15. Does vendor agree? YES Initials of Authorized Representative of vendor CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). Does vendor agree? YES Initials of Authorized Representative of vendor

16 Page 16 of 92 CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does vendor agree? YES Initials of Authorized Representative of vendor CERTIFICATION OF NON-COLLUSION STATEMENT Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does vendor agree? YES Initials of Authorized Representative of vendor Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor s Name/Company Name: Address, City, State, and Zip Code: Phone Number: Fax Number: Printed Name and Title of Authorized Representative: Address: Signature of Authorized Representative: Date: Federal Tax ID #

17 Page 17 of 92 SCHEDULE 3 HOLD HARMLESS AGREEMENT The contractor shall defend, indemnify, and save whole and harmless Northside Independent School District and all of its officers, agents, and employees for and against all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in contention with, any negligent act or omission of contractor or any agent, employee, subcontractor or supplier of contractor in the execution or performance of this contract for Indefinite Quantity Contract for Site Work designated as RFP No The contractor shall also defend and indemnify the Northside Independent School District against all claims by any subcontractor, supplier, laborer, material man, or mechanic for payment for work or materials provided on behalf of the contractor in the performance of the services and all such claimants shall look solely to contractor and not Northside School District for satisfaction of such claims. This hold harmless agreement shall be binding upon the undersigned and his heirs and assigns. DATED this day of, 2018 (ORIGINAL SIGNATURE IN INK REQUIRED) STATE OF TEXAS COUNTY OF BEXAR (Printed Name) This instrument was acknowledged before me on the day of, (NOTARY S SEAL) Notary Public, State of Texas

18 Page 18 of 92 SCHEDULE 4 INSURANCE AND BONDING CERTIFICATION The undersigned, being the President or a Vice President of the Offeror, hereby certifies that the Offeror shall be able to procure and provide to Owner, within the time specified in the Proposal Documents, evidence of insurance and original payment and performance bonds, all in accordance with the requirements set forth in the Proposal Documents. The undersigned shall reimburse Owner for all damages, costs, and expenses (including reasonable attorneys fees) which are incurred by Owner and which are related in any way to the falsity of any part of the certification set out herein. Dated and Effective the day of, (ORIGINAL SIGNATURE IN INK REQUIRED) Printed Name Position (President or Vice President) STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on the day of, 2018, by. Notary Public State of Texas My Commission Expires:

19 Page 19 of 92 SCHEDULE 5 ALERT TO VENDORS CONFLICT OF INTEREST QUESTIONNAIRE On May 23, 2005, the Texas Senate passed House Bill No. 914, adding Chapter 176 to the Local Government Code, and imposing new disclosure and reporting obligations on vendors and potential vendors to local government entities beginning on January 1, This includes School District. Failure to abide by these new statutory requirements can result in possible criminal penalties. Northside Independent School District is requiring you to complete the attached CONFLICT OF INTEREST QUESTIONNAIRE (FORM CIQ) prepared by the Texas Ethics Commission, at the direction of the legislature and strongly recommends you become familiar with House Bill 914. Northside Independent School District will not provide any further interpretation or information regarding these new requirements. Please complete the attached CONFLICT OF INTEREST QUESTIONNAIRE and return it to: Northside Independent School District George M. Ayala Director of Purchasing 607 Richland Hills Drive #700 San Antonio, Texas 78245

20 Page 20 of 92

21 Page 21 of 92 SCHEDULE 6 FINANCIAL STATEMENT (INSERT HERE)

22 Page 22 of 92 SECTION 4 General Conditions of the Contract for Construction The General Conditions of the Contract are the American Institute of Architects AIA Document A General Conditions of the Contract for Construction, hereafter referred to as the General Conditions. The General Conditions are hereby specifically made a part of the Contract Documents. A copy is available for review at the Northside ISD Engineering Services office.

23 Page 23 of 92 SECTION 5 NORTHSIDE INDEPENDENT SCHOOL DISTRICT SUPPLEMENTARY CONDITIONS The following Supplementary Conditions modify, change, delete from or add to the General Conditions of the Contract for Construction, AIA Document A ( General Conditions ). Where any article, paragraph, subparagraph or clause of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of that article, paragraph, subparagraph or clause shall remain in effect. GENERAL PROVISIONS (Article 1): Add the following to the end of the Subparagraph: The Owner s Special Conditions and the Bid or Proposal Documents prepared and submitted by the Owner and the Contractor s Bid or Proposal submitted by the Contractor (to the extent such Bid or Proposal submitted by the Contractor is not inconsistent with other portions of the Contract Documents) shall be a part of the Contract Documents. Any reference in the Specifications to codes, standard specifications, or manufacturer s instructions shall mean the latest printed edition of each in effect on the date that Contractor last submitted its bid or proposal for the Work, unless the date of the item is specifically noted Add the following to the end of the Subparagraph: The Contract Documents and applicable Texas law comprise the entire agreement between the Owner and the Contractor and there are no conversations, understandings, agreements, conditions or representations, express or implied, with reference to the subject matter hereof that are not merged herein or superseded hereby. The Contract Documents may be amended only in a writing executed by duly authorized representatives of both the Owner and the Contractor Add the following to the end of the first sentence:..., including the transportation of materials and supplies to or from the site, competent supervision of the Work and the provision of insurance and payment and performance bonds in accordance with the Contract Documents The term provide shall mean to furnish, install and complete, in place and ready for operation and use.

24 Page 24 of 92 Subparagraph is hereby deleted. The Initial Decision Maker wherever referenced throughout the General Conditions, shall be hereby referenced as the Owner or Owner s designated representative Add the following new Subparagraph: Any discrepancy or conflict within or between the Drawings and Specifications shall be brought to the attention of the Architect. Notwithstanding Subparagraph 1.2.1, discrepancies or conflicts not brought to Architect s attention and clarified during the bidding of the Project will be deemed to have been bid or proposed in the more costly or difficult manner, and the better quality or greater quantity of the Work shall be provided by the Contractor in accordance with Architect s interpretation Add the following new Subparagraph: Subject to the terms of Subparagraph , in the event of conflicts or discrepancies among the Contract Documents, the following Contract Documents will be given the following priorities in resolving such conflicts or discrepancies: (1) The Standard Form of Agreement (A-101) (2) Addenda (with those of later date having precedence over those of earlier date) (3) Supplementary Conditions (4) Owner s Special Conditions (5) Specifications (6) Drawings (7) General Conditions (8) Bid or Proposal Documents, including the Contractor s Bid or Proposal Form (to the extent such Bid or Proposal submitted by the Contractor is not inconsistent with other portions of the Contract Documents) OWNER (Article 2): Subparagraph is hereby deleted in its entirety Change current wording as follows: Subparagraph is herby modified in its entirety to read as follows: Prior to commencement of the Work the Contractor may request in writing that the Owner provide reasonable evidence that the Owner had made financial arrangements to fulfill the Owner s obligations under the Contract. The Contractor shall provide a form acceptable to the Owner for the Owner to execute representing that the funds to fulfill the financial contractual obligation have been secured Subparagraph is hereby modified in its entirety to read as follows:

25 Page 25 of 92 The Owner may furnish surveys describing physical characteristics, legal limitations, and utility locations for the site of the Project, but the Owner shall have no duty to do so. The Contractor shall be responsible to independently investigate the physical characteristics, legal limitations, and utility locations for the site of the Project. In the event that the Contractor damages any utilities during construction, the Contractor, at its cost, shall immediately repair the same Change the Subparagraph to read as follows: At the time of award of the Contract, the Contractor will be furnished, free of charge, up to thirty (30) complete sets of Drawings and Project Manuals. Additional sets of the Drawings or Project Manuals will be furnished to the Contractor at the request and expense of the Contractor, to be paid by the Contractor at the time such Drawings or Project Manuals are provided to the Contractor. CONTRACTOR (Article 3): Add the following to the end of the Subparagraph: The Contractor shall at all times be an independent contractor, not an employee or agent of the Owner, and the relationship of the parties hereunder shall in no event be construed as constituting any other relationship The last sentence of Subparagraph is hereby deleted On trench excavations in excess of five feet in depth, Contractor shall bear sole responsibility for design and execution of acceptable trenching and shoring procedures. Contractor shall pay a qualified engineer to prepare detailed plans and specifications directing Contractor in safe execution of trenching and shoring The following is hereby added to Subparagraph 3.3.2: The Contractor shall ensure that the Project site is alcohol-free, drug-free, tobacco-free, weapon-free, and sexual-harassment free. In addition, the Contractor shall ensure that no person working under the Contractor or any of its subcontractors has been convicted of a felony or any crime involving moral turpitude. Contractor shall prohibit fraternization between all persons working under Contractor or any of its subcontractors and students while on Owner s property Add a new Subparagraph as follows: Contractor acknowledges that the Work may be performed in connection with an educational or other facility which may be currently occupied and in use. It is imperative that Contractor s operations and the performance of

26 Page 26 of 92 the Work not interfere with, interrupt, disturb or disrupt Owner s normal operations or facilities. Contractor agrees to and shall comply with all rules, regulations and requirements of the Owner and the school campus or facility on which the Work is to be performed, and shall take all steps necessary to protect and guard the safety of the employees, students and invitees of Owner. Contractor shall exercise the utmost skill and judgment to ensure that continuing construction activity will not interfere with the use, occupancy and quiet enjoyment of facilities in use on the site. Contractor recognizes that the ongoing activities in proximity with its construction activities shall result in the need for prompt and effective coordination of its services with those involved in the ongoing utilization of the premises. Such coordination and adequate site access shall be the responsibility of Contractor. Contractor understands and accepts the difficulties and costs associated with working in an existing facility and the potential delays and disruptions in its Work and has included such items in the Contract Time and the Contract Sum. The Contractor shall perform all the Work in such a manner as to cause minimum interference with the operations of the Owner and other contractors and subcontractors on the site, and shall take, and cause the Contractor s and its Subcontractor s employees, agents, licensees and permittees to take all necessary precautions to protect the Work and the site and all persons and property thereon from damage or injury. The Contractor shall maintain good order among its employees and those of its Subcontractors, and shall confine its employees to such work areas, roads and gates as directed by the Owner Add a new Subparagraph as follows: Within thirty (30) days after the Contract has been executed, the Owner and the Architect will consider any formal request made by the Contractor for the substitution of products in place of those specified in the Contract Documents only if the Instructions to Bidders and/or Offerors for the Project specifically permits the submission by Contractor of requests for substitutions. If a request for substitution by Contractor is permitted, the Owner and the Architect may accept or reject any such request in their sole discretion. Requests for substitutions submitted after such thirty (30) day period will not be considered unless a product becomes impossible to obtain due to circumstances beyond the Contractor s control. By making requests for substitutions pursuant to this Subparagraph , the Contractor:.1 Represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to the product specified;.2 Represents that the Contractor will provide the same warranty for the substitution product that the Contractor would have provided for the product specified;

27 Page 27 of 92.3 Certifies that the cost breakdown presented with the request is complete and includes all related costs, except for the Architect s redesign costs, if any, and waives all claims for additional costs related to the substitution which subsequently become apparent;.4 Agrees to coordinate and supervise the installation of the proposed substitute, making such changes as may be required for the Work to be complete in all respects; and.5 Agrees to reimburse Owner and Architect for review or redesign services associated with any re-approval by applicable governmental authorities related to the substitution. Any request for substitution will include complete data substantiating compliance of the proposed substitution with the Contract Documents, together with a detailed breakdown of the cost of the project bid and the cost of the suggested substitution, which will include the cost of labor and materials and Contractor s overhead and profit allocable thereto. Each request for substitution shall be submitted to the Architect with appropriate shop drawings, product data, and certified test results substantiating the proposed product equivalence. The Architect shall notify the Contractor in writing of its decision to accept or reject any request for substitution submitted by Contractor in accordance with this subparagraph Add the following at the end of the Subparagraph: Neither the Owner s or Architect s inspection nor failure to inspect shall relieve the Contractor of any obligation hereunder. If any Work fails to conform to the Contract Documents, the Contractor shall promptly replace and remedy the same at the Contractor s expense. No acceptance or payment by the Owner shall constitute a waiver of the foregoing and nothing herein shall exclude or limit any warranties implied by law Add a new Subparagraph as follows: The Owner, as a tax-exempt organization, is not required to pay state sales tax. The materials to be used in the Work will be exempt from the limited sales, excise and use tax imposed by the Texas Tax Code. The Contractor shall obtain an exemption certificate evidencing exemption from such taxes from the local office of the State Comptroller of Public Accounts Delete the Subparagraph and replace with the following: Add a second paragraph as follows: In performing its obligations hereunder, the Contractor shall comply fully with all applicable laws, ordinances, rules, regulations, lawful orders and decrees of all applicable authorities, and when requested shall furnish evidence satisfactory to the Owner of such compliance. The Contractor agrees to indemnify, defend and hold harmless the Owner, its trustees, officers, representatives, agents and employees from and against all claims,

28 Page 28 of 92 fines, penalties, or liabilities from, arising out of, or based upon the actual or asserted violation of any laws, ordinances, rules, regulations, orders or decrees. The Contractor shall be responsible for compliance with all required provisions of Senate Bill 9 (81 st Texas Legislative Session) at no additional cost to the Owner. Senate Bill 9 requires finger printing, background checks and registration through the Texas Department of Public Safety (DPS) of all employees of the Contractor, Subcontractors, and material and/or any other type suppliers who may enter any site where Northside ISD students are attending classes or are on the site for any purpose. The Contractor shall maintain all records of such finger printing and background checks through the DPS and make such available to the Owner within seventy-two (72) hours of request by the Owner. No person shall be permitted to work at any site where Northside ISD students are present until such time as finger printing and background checks have been completed. No additional compensation shall be provided by the Owner to the Contractor for any part of this requirement. Without limiting the generality of the foregoing, the Contractor shall comply with all requirements of Chapter 2258 of the Texas Government Code, Prevailing Wage Rates, and the rules and regulations promulgated thereunder. The Contractor shall pay and cause all of its Subcontractors to pay not less than the general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work in the locality of the Work for each type of workman needed to execute the Work. The Owner has ascertained such general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work in the locality of the Work for each type of workman needed to execute the Work, and has set forth the same in the Contract Documents. The Contractor shall keep or cause to be kept, and shall cause each of its Subcontractors to keep or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed in connection with the Project, and showing also the actual per diem wages paid to each of such workers, which records shall be open at all reasonable hours to the inspection of the Owner, its officers or agents. The Contractor shall cause each of its Subcontractors to submit to the Contractor, with each request for payment, certified copies of such records. At the request of the Owner, the Contractor will provide the Owner with certified copies of its records of per diem wage paid to its employees, together with copies of its Subcontractor s records. The Contractor shall forfeit to the Owner the statutory penalty provided for each laborer, workman or mechanic employed, for each calendar day or portion thereof that such laborer, workman or mechanic is paid less than the stipulated prevailing rates for any Work performed by the Contractor or any Subcontractor. In addition, the Contractor shall be responsible to pay the Owner, upon Owner s written demand, the sum of $60.00 per diem for each day during which a violation of this paragraph occurs.

29 Page 29 of Claims for Concealed or Unknown Conditions. Contractor acknowledges that there may exist at the project site certain soil and geological conditions and/or subsurface physical, structures, equipment, utilities, and/or other conditions which are not disclosed in the Contract Documents, and which have been known to or may be reasonably anticipated to occur in the area or be related to any past use of the project site, including, without limitation, the presence of rock and its hardness, geologic formations, differing soils, and subsurface structures, equipment, utilities, or other impediments, either natural or man-made (collectively, Subsurface Conditions ). Owner makes no representations or warranties regarding Subsurface Conditions at the Project site, or of the accuracy or continuity of conditions which may be noted in any reports furnished or made available to Contractor. Contractor covenants and agrees that any such reports are furnished or made available by Owner to Contractor for information purposes only, and Contractor acknowledges that Owner is not responsible for the content thereof. Contractor shall be responsible for inspecting the site and determining the existence or likelihood of any Subsurface Conditions which may affect the Contract Time or the Contract Sum, or both. The Contract Time and the Contract Sum bid by Contractor shall be deemed to include all costs of and time to complete all work associated with or attributable to Subsurface Conditions, and Contractor shall not be entitled to submit a claim for or to obtain an extension of the Contract Time or increase in the Contract Sum due to the existence of Subsurface Conditions. Except as provided above with respect to Subsurface Conditions, if conditions are encountered at the site which are (1) concealed physical conditions which, in the opinion of the Architect, differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which, in the opinion of the Architect, differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the Contractor or Owner, as applicable, shall be given to the other promptly before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor s cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4.

30 Page 30 of Change as follows: The first sentence of the Subparagraph is deleted and replaced with the following: Contractor shall provide adequate supervision at the jobsite at all times. The Architect and Owner shall determine adequacy of supervision. At least on full-time job superintendent shall be provided. The job superintendent shall be approved by the Owner and Architect as follows, and will be replaced by the Contractor upon request by the Owner Add the following: Subparagraph is hereby deleted and replaced with the following: The Contractor shall proceed at its own risk by performing any Work for which the Contract Documents require submittal review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect Add the following at the end of the Subparagraph: The Contractor shall so conduct its operations as not to unreasonably interfere with traffic on public thoroughfares adjacent or near to the Project site Delete the Subparagraph and replace with the following: TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ARCHITECT, THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ALL SUITS, DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND COURT COSTS) CAUSED BY, RESULTING FROM, ARISING OUT OF, OR OCCURRING IN CONNECTION WITH THE PERFORMANCE OF THE WORK OR COMPLIANCE (OR FAILURE TO COMPLY) WITH THE TERMS OF THIS AGREEMENT, EVEN THOUGH SUCH LOSS, COST, DAMAGE INJURY, CLAIM, DEMAND, SUIT OR EXPENSE MAY BE ATTRIBUTABLE TO THE JOINT, CONCURRENT, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE OF ANY PARTY INDEMNIFIED HEREBY (BUT NOT THE SOLE NEGLIGENCE OF ANY SUCH PARTY). THE LIABILITY OF THE CONTRACTOR, ITS AGENTS, SERVANTS, EMPLOYEES, OR SUBCONTRACTORS HEREUNDER SHALL NOT BE LIMITED TO ANY MINIMUM INSURANCE LIMITS SET FORTH IN THE CONTRACT DOCUMENTS. THE OWNER MAY, AT ITS OPTION, PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM OR SUIT WITHOUT RELIEVING THE CONTRACTOR OF ANY OBLIGATION HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE ANY OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO

31 Page 31 of 92 ANY PARTY OR PERSON DESCRIBED IN THIS PARAGRAPH. INDEMNIFICATION HEREUNDER SHALL INCLUDE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIABILITY WHICH ARISES OR COULD ARISE PURSUANT TO THE PROVISIONS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED (29 U.S.C. SECTION 652 ET SEQ.), AND ALL OTHER LAWS, RULES AND REGULATIONS FOR THE PROTECTION, SAFETY AND HEALTH OF WORKMEN, IT BEING AGREED THAT, AS BETWEEN THE OWNER AND THE CONTRACTOR, THE CONTRACTOR IS PRIMARILY LIABLE FOR COMPLIANCE WITH SAID STATUTES. The Contractor represents that it possesses the skills required for the Work, assumes the responsibilities of an employer for performance of the Work, and acts as an employer of one or more employees by paying wages, directing activities, and performing other similar functions. The Contractor is an independent contractor, free to determine the manner in which the Work is performed. The employees of the Contractor are not employees of the Owner, and the Owner shall have no responsibility to maintain Workers Compensation Insurance for the employees of the Contractor, the Contractor having sole responsibility therefor. The Contractor agrees, at the request of the Owner, to execute a written agreement in the form promulgated by the Texas Department of Insurance - Division of Workers Compensation, stating that the Contractor is an independent contractor, not an employee of the Owner, and that neither the Contractor nor its employees are entitled to Workers Compensation coverage from the Owner Add the following: Subparagraph is hereby deleted and replaced with the following: The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner s representative (1) during construction, (2) until the date the Architect issues the final Certificate for Payment and (3) from time-to-time during the one-year period for correction of Work (warranty period) described in Section 12.2 The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. ADMINISTRATION OF THE CONTRACT (Article 4): Add the following at the end of the Subparagraph: Certain portions of the Work will be tested and/or observed at various stages, sometimes off the Project site, between initial observation or review and final positioning of the completed Work. Nothing in any initial or prior approval or test result shall govern if at any subsequent time the Work or any portion thereof is found not to conform to the requirements of the Contract Documents Delete the Subparagraph and replace with the following:

32 Page 32 of 92 The Architect will review and comment or take other appropriate action upon the Contractor s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with the design concept expressed in the Contract Documents. The Architect s action will be taken with reasonable promptness as to cause no delay in the Work or in the activities of the Owner or separate contractors, while allowing sufficient time in the Architect s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, or for coordination of the various trades, or for compliance with schedules, all of which remain the sole responsibility of the Contractor as required by the Contract Documents. The Architect s review of the Contractor s submittals shall not relieve the Contractor of its obligations under Paragraphs 3.3, 3.5 and The Architect s review shall not constitute consideration or approval of safety precautions or, unless otherwise stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect s approval of a specific item shall not indicate approval of an assembly of which the item is a component. If, on occasion, the Architect reviewed and/or commented upon items or subjects which are the responsibility of the Contractor, such action shall be interpreted as voluntary assistance by the Architect, and shall not create a duty or obligation upon the Architect to provide similar review and comment on other items or subjects Delete the Subparagraph and replace with the following: The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect s response to such requests will be made in writing within five (5) business days after request therefor, unless the Architect advises the Contractor and the Owner, within such five (5) day period, that additional time will be required. SUBCONTRACTORS (Article 5): Subparagraph is hereby deleted in its entirety, and replaced with the following: The Contractor shall notify the Owner prior to changing any subcontractor, person, or entity previously selected to perform Work on the Project or to supply materials to the Project, and the provisions of Subparagraph shall apply to the proposed replacement. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS (Article 6): Subparagraph is hereby deleted in its entirety, and is hereby replaced with the following:

33 Page 33 of 92 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsible for the same. CHANGES IN THE WORK (Article 7): A new Subparagraph is added to provide as follows: Contractor must respond to each Proposal Request within 10 working days after receiving the same. If the Owner does not receive a Proposal or other written response to the Proposal Request within such timeframe, then the Contractor shall provide the services described in the Proposal Request at no additional charge to the Owner A new Subparagraph is added, to provide as follows: Requests for a Change Order from the Contractor due to the discovery by the Contractor of an unexpected or unforeseeable condition at the Project site must be submitted to the Owner and the Architect within 21 calendar days after the discovery by the Contractor of such condition. If the Owner and Architect are not so notified within such 21 calendar day s time frame, then the Contractor shall be responsible for any additional construction costs associated with the unexpected or unforeseeable condition at the Project Site The word promptly in Subparagraph is hereby replaced with the word immediately. Any adjustment in the Contract Sum related to a Construction Change Directive shall not exceed the Contractor s last estimate of such increase Delete the word an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount, and substitute the phrase an allowance for overhead and profit as set forth in Subparagraph Add the following as a new Subparagraph : In Subparagraph 7.3.6, the allowance for the combined overhead and profit included in the total cost to the Owner shall be based upon the following schedule:.1 For the Contractor, for Work performed by the Contractor s own forces, fifteen percent (15%) of the cost (but zero percent (0%) for change orders to be paid out of any contingency allowance)..2 For the Contractor, for the Work performed by the Contractor s Subcontractors, five percent (5%) of the amount due the Subcontractors (0% for the change orders to be paid out of any contingency allowance)..3 For each Subcontractor or Sub-subcontractor involved, for Work performed by that Subcontractor s or Sub-subcontractor s own forces, fifteen percent (15%) of the cost.

34 Page 34 of 92.4 The costs to which the above percentages shall be applied will be determined in accordance with Subparagraph In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including quantities and unit costs of labor and materials, extended and totaled. The Contractor is entitled to no allowance for combined overhead and profit for Change Orders to be paid out of a contingency allowance Add the following as a new Subparagraph: TIME (Article 8): When Change Orders are indicated to be paid from a contingency allowance, if any, identified in the Contract Documents, the Contractor s supervision and all other overhead items and profit shall be deemed to be included in the Contract Sum, and not in the contingency allowance The Date of Commencement of Work shall not be before the Notice to Proceed is issued. Contractor shall not be entitled to any delay days for any period between the Contractor s receipt of the Notice of Award and the Contractor s receipt of the Notice to Proceed. The Contractor must anticipate that the Contractor shall not receive the Notice to Proceed until 60 to 120 days after the Contractor s receipt of the Notice of Award. 8.3 Delete the Paragraph (Subparagraphs 8.3.1, and 8.3.3) and replace with the following: If the Contractor is delayed at any time in the commencement or progress of the Work because of changes ordered in the Work or because of strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, unusual inclement weather, or other causes beyond the Contractor s control which constitute a justifiable delay, the Contract Time may be extended, as the Contractor s sole and exclusive remedy for such delay. Extended general conditions (or any other amounts) will not be considered or paid for extensions of time. The Owner will extend the Contract Time by Change Order subject to the following:.1 Claims for extension of time must be made in writing on or before the due date of Contractor s Application for Payment covering the period in which the delay began. In the case of a continuing cause of delay, only one claim is necessary..2 Claims for extension of time shall be stated in whole or half calendar days, as applicable. The actual date on which the delay(s) occurred must be stated in the claim.

35 Page 35 of 92.3 When establishing the Contract Time, the Owner and the Contractor have taken into consideration the normal number of days of inclement weather for each month during which the Project shall be constructed. A list of the normal inclement weather days for each such month is included in the Contract Documents. In case of claims for extension of time because of unusual inclement weather, that is, a number of inclement weather days greater than normal as set out in the Contract Documents, such extension of time will be granted only to the extent that such unusual inclement weather prevented the execution of Work on normal working days and affected the critical path of the work. Normal working days will be Mondays through Fridays, exclusive of legal holidays. Unusual inclement weather as used herein means unusually severe weather which is beyond the normal weather recorded and expected for the locality of the Work and/or the season or seasons of the year. Normal weather conditions shall be determined based upon information compiled from the records at the location of the Work. If unusually inclement weather conditions are the basis for a claim for additional time, such claim shall be documented by data substantiating such conditions, the fact that the same could not have been reasonably anticipated, and the fact that such conditions had an adverse effect on the scheduled construction..4 Any claim for extension of time for strikes or lockouts shall be supported by a statement of facts concerning the strike, including the dates, the craft concerned, the reason for the strike, efforts to resolve the dispute, and the efforts of the Contractor to minimize the impact of the strike upon progress of the Work..5 Any claim for extension of time for delays in transportation shall be supported by a statement of facts demonstrating that the delays are beyond the Contractor s control, and reciting the Contractor s efforts to overcome such delays..6 The cost of all performance bonds and payment bonds, whether procured by the Contractor or any subcontractor, is included in the Contractor s overhead and profit. 8.4 Add the following new paragraph: Acceleration to Meet Schedule. In the event of any delay in the progress of the Work with respect to which Contractor is not entitled to an extension of time under the terms hereof, or in the event that the Owner reasonably believes that the Project will not be completed within the Contract Time without acceleration, Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts or resequencing of the Work. All such acceleration shall be at no cost to Owner.

36 Page 36 of 92 PAYMENTS AND COMPLETION (Article 9): Add the following: All costs of overtime work required by the Contract Time and the nature of the Work, as set forth in or inferable from the Contract Documents, except costs of emergencies covered in Paragraph 10.4, shall be and are included in the Contract Sum. The Contract Sum shall not be increased because the Contractor experiences an unexpected or unforeseeable increase in the price of labor or materials required to complete the Project Change ten days to seven calendar days Add the following as a new Clause to Subparagraph 9.3.1: Along with the Application for Payment, and as a condition to the payment of any amounts stated therein, the Contractor will comply with Chapter 8 of the Owner s Special Conditions, and will submit the following:.1 An Affidavit certifying that payment has been made to all Subcontractors, Sub-subcontractors, suppliers, employees, material man and other persons relating to Work for which the Contractor has been paid; and.2 A revised and updated Construction Schedule reflecting actual job progress to the date of the Application for Payment, taking into account all factors known at the time of such Application for Payment..3 Payments shall be made on the percentage of value of the Work actually performed and included in the Application for Payment, as specified in Article 5 of the Agreement Add the following as a new clause to Subparagraph 9.3.1: Until Substantial Completion, the Owner will pay 95 percent of the amount due the Contractor on account of progress payments The progress of construction must not lag behind the construction progress schedule approved by the Owner. If the construction or any portion or phase thereof falls behind the schedule approved by the Owner, further payment may be withheld until the pace of construction is accelerated to the satisfaction of the Owner to meet the scheduled Contract Time. 9.7 Subparagraph 9.7 is hereby modified as follows: Delete the term or awarded by binding dispute resolution: in the first sentence Add the following to the end of the Subparagraph:

37 Page 37 of 92 The payment shall be sufficient to increase the total payments to 95 percent of the Contract Sum, less amounts as the Architect shall determine for all incomplete Work and unsettled claims Add the following as a new Subparagraph: The Contractor shall not permit any actual or purported lien, charge or claim to attach or attempt to attach to the Work, the site or any amounts due or to become due to the Contractor under the Contract Documents. If any such lien, charge or claim is so asserted, the Contractor shall promptly procure its release and indemnify the Owner against all damage and expense incident thereto. Upon completion of the Work and before any final payment and settlement, the Contractor shall provide evidence satisfactory to the Owner of payment and release of all debts, taxes, liens, charges, obligations and claims for or relating to labor, materials, Subcontractors and Sub-subcontractors; provided, however, that if the Contractor has not paid for any of the aforesaid as a result of a bona fide dispute, and payment of such is guaranteed and covered by the payment bond provided by the Contractor, then the Contractor shall not be required to pay such claim as a condition to final payment and settlement, but instead shall be required to provide Owner with written consent to final payment executed by such surety, expressly acknowledging the existence of such unpaid claim, and agreeing that full and final payment to the Contractor shall not impair any of the Owner s rights or the surety s obligations under the bond. PROTECTION OF PERSONS AND PROPERTY (Article 10): Subparagraph is hereby deleted in its entirety Subparagraph 10.4 is hereby modified in its entirety to read as follows: Owner shall not be responsible for materials or substances brought to the site by the Contractor Subparagraph is hereby deleted in it s entirely Subparagraph 10.5 is hereby deleted in its entirety. INSURANCE AND BONDS (Article 11): Add the following Subparagraphs: Minimum coverages and limits required of the Contractor are as follows:.1 Workers Compensation: Statutory Limits

38 Page 38 of 92 Employers Liability: $500,000 each accident; $500,000 disease - policy limit; $500,000 disease - each employee..2 Commercial General Liability Insurance: $2,000,000 general aggregate; $1,000,000 products/completed operations aggregate; $1,000,000 personal and advertising injury; $1,000,000 each occurrence; $50,000 fire damage; $5,000 medical expense. Such policy shall include all of the coverages which may be included in coverages A, B and C contained in the Standard Texas Form Commercial General Liability Policy, without deletion. Such policy must be issued upon an occurrence basis, as distinguished from a claims made basis..3 Comprehensive Automobile Liability Insurance to cover all vehicles (any auto) owned by, hired by or used on behalf of the Contractor, with minimum Combined Single Limit of $1,000, Owner s and Contractor s Protective Liability Insurance: $500,000 bodily injury; $500,000 property damage. Such policy must contain an endorsement to the effect that the insurance company waives its right to use as a defense the Owner s governmental immunity..5 Umbrella Liability Insurance written on an occurrence basis, with minimum limits in the amount of: Contract Sum Minimum Limit Required (Per occurrence/aggregate) Up to $2,499,999 $1,000,000 $2,500,000-4,999,999 2,000,000 $5,000,000-7,499,999 3,000,000 $7,500,000 and over 4,000,000.6 Should the Contractor fail to purchase, or fail to continue to force until completion of the Work, insurance in the amounts indicated above, the Owner may purchase such insurance and the cost thereof shall be borne by the Contractor, and may be deducted from any amounts owed by the Owner to the Contractor.

39 Page 39 of Change the first and second sentences of the Subparagraph to read as follows: Certificates of Insurance acceptable to the Owner shall be filed with the Owner within ten (10) days after award of the Contract to Contractor and prior to commencement of the Work. The Certificates shall be ACORD Form 255, accompanied by a completed AIA Document G715, Instruction Sheet and Attachment for ACORD Certificate of Insurance. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be cancelled, materially modified, or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. Add the following at the end of the Subparagraph: The provisions of this Subparagraph shall apply to all policies of insurance required to be maintained by the Contractor pursuant to the Contract Documents. Add new Subparagraphs as follows: The Contractor shall cause the Subcontractors employed by the Contractor to furnish and maintain the following types and amounts of insurance, with any specific coverages and endorsements reasonably requested by the Owner:.1 Workers Compensation: Statutory Limits Employers Liability: $100,000.2 Commercial General Liability Insurance: $500,000 general aggregate.3 Comprehensive Automobile Liability Insurance: $250,000 per person/accident All insurance policies and bonds shall be provided by a company or companies with a rating of not less than B+ in the last available Best s Rating Guide. All such policies shall include clauses whereby each underwriter agrees to waive its rights of subrogation against the Owner. The Commercial General Liability, Automobile Liability and Umbrella Liability policies shall be endorsed to add the Owner as an additional insured. The limits of liability shown for each type of insurance coverage to be provided by the Contractor pursuant hereto shall not be deemed to constitute a limitation of the Contractor s liability for claims hereunder or otherwise. Notwithstanding anything herein to the contrary, the Owner may to the fullest extent permitted by applicable law, accept alternate or

40 Page 40 of 92 different coverages for the insurance specified herein upon receipt from a licensed insurance agent or company acceptable to Owner of a written evaluation of the proposed alternate coverage in form acceptable to Owner confirming that such alternate coverage provides comparable or greater protection to the Owner as the coverage specified Subparagraph is hereby deleted in its entirety Change the Subparagraph to read as follows: The Contractor shall purchase and maintain an All Risk Builders Risk policy covering the entire Work at the site for the full insurable value of the Work, including transit thereto and including materials stored off-site and destined to become a part of the Work. Such policy shall be maintained until final payment is made to the Contractor pursuant to Article 9. Such policy shall include an endorsement allowing occupancy of the Project, in part or whole, by the owner prior to final completion of construction. No deductibles shall exceed $5,000 without the prior written approval of the Owner. The policy shall insure the respective interests of the Owner and the Contractor in the Work , , , , , , , and : Delete these Subparagraphs in their entirely Change to and to Also change in the body of the paragraph to and : Change the words the Owner s and the Owner to read the Contractor s and the Contractor, except in the last sentence of Subparagraph Change Subparagraph as follows: Delete the term or as determined in accordance with the method of binding dispute resolution selected Change to to in each case. Also add a second paragraph with the following: Delete the term by the Owner and Contractor as the method of binding dispute resolution in Subparagraph is hereby modified in its entirety to read as follows: The Owner shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within 5 days after the occurrence of the loss to the Owner s exercise of this power Change the Subparagraph to read as follows:

41 Page 41 of 92 Prior to executing the Agreement and commencing any Work, the Contractor shall furnish to Owner, at the Contractor s expense, a payment bond (if the Contract Sum exceeds $25,000.00) and a performance bond (if the Contract Sum exceeds $100,000.00), each such bond to be in the amount of 100% of the Contract Sum, issued by such corporate sureties duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds and in accordance with the requirements of Chapter 2253 of the Texas Government Code, Public Work Performance and Payment Bonds. If the Contract Sum exceeds the underwriting limitation of the surety the Contractor shall provide the Owner with evidence that the excess is protected by re-insurance or coinsurance in a form and amount acceptable to the Owner. If the amount of the bond (whether payment or performance) exceeds $100,000.00, then the surety must also hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or have obtained reinsurance for any liability in excess of $100, from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and who is a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. The Contractor shall require any attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto an original certified and current copy of a Power of Attorney evidencing the authority of such attorney-in-fact to so execute such bonds, indicating the monetary limit of such power and authority Add the following as a new Subparagraph : By inclusion of this Subparagraph in the Contract Documents, the surety which issues the bonds is hereby notified that the Owner, the Architect, and their agents and employees do not represent and will not be responsible for the surety s interests during the course of the Work. To protect its interests, the surety shall have the right to attend pay estimate meetings, review Applications for Payment when requested in writing by them, comment upon and make recommendations regarding payments, and inspect the Work in the presence of the Contractor and the Architect. By providing the bonds for the Work, the surety shall and hereby waives any cause of action against the Owner, the Architect, their agents and employees, for any loss suffered by the surety by reason of overpayment of any amounts to the Contractor, unless such is a direct result of a fraudulent or grossly negligent act committed by such party. Add the following as a new Subparagraph: 11.6 Change all items starting with 11.6 to begin with 11.5 hereafter. Applies to 12 lines Workers Compensation

42 Page 42 of Definitions:.1 Certificate of coverage ( certificate ) - a copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance - Division of Workers Compensation, or a coverage agreement on a form issued by such Division showing statutory workers compensation insurance coverage for the person s or entity s employees providing services on the Project, for the duration of the Project..2 Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor s Work on the Project has been completed and accepted by the Owner..3 Persons providing services on the Project ( subcontractor in Texas Labor Code, ) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project..4 Services - includes, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the Project. Services do not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section (44) for all employees of the Contractor providing services on the Project, for the duration of the Project The Contractor must provide a certificate of coverage to the Owner prior to being awarded the Contract If the coverage period shown on the Contractor s current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with Owner showing that coverage has been extended The Contractor shall obtain from each person providing services on a Project, and provide to Owner:.1 A certificate of coverage, prior to that person beginning work on the Project, so the Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and

43 Page 43 of 92.2 No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project The Contractor shall retain all required certificates of coverage of the duration of the Project and for one year thereafter The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project The Contractor shall post, on each Project site, notice, in the text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage The Contractor shall contractually require each person with whom it contracts to provide services on a Project, to:.1 Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section (44) for all of its employees providing services on the Project, for the duration of the Project;.2 Provide to the Contractor, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project;.3 Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project;.4 Obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the Project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project;

44 Page 44 of 92.5 Retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter or until the expiration of the subcontractor s warranty period, whichever is longer;.6 Notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and.7 Contractually requires each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor represents to the Owner that all employees of Contractor who will provide services on the Project will be covered by workers compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission s Division of Self-Insurance Regulation. Contractor acknowledges that providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions The Contractor s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the Contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the Owner. UNCOVERING AND CORRECTION OF WORK (Article 12): Subparagraph is hereby modified by deleting the second to the last sentence of that Subparagraph. MISCELLANEOUS PROVISIONS (Article 13): Subparagraph is hereby modified to read as follows: The Contract shall be governed by the law of the place where the Project is located Subparagraph is hereby deleted in its entirety , and Modify so there is a single 13.7 heading and each subparagraph heading , and using the same text. Note: All items hereafter are new Subparagraph is hereby modified in its entirety to read as follows:

45 Page 45 of 92 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events on the later of the date of Substantial Completion or the date of discovery; Subparagraph is hereby modified in its entirety to read as follows: Between Substantial Completion and Final Certificate for Payment. Between Substantial Completion and Final Certificate for Payment. As to acts or failure to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the Final Certificate for Payment, any applicable statute of limitation shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events on the later to occur of the date of issuance of the Final Certificate for Payment, or the date of discovery; and Subparagraph is hereby modified in its entirety to read as follows: After Final Certificate for Payment. After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate For Payment, any applicable statute of limitation shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any warranty provided hereunder, the date of any correction of the Work or failure to correct the Work by the Contractor hereunder, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, or the date of discovery, whichever occurs last A new Paragraph 13.8 is added as follows: Contractor and Contractor s subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin Contractor and Contractor s subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf in connection with the Project, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex or national origin. TERMINATION OR SUSPENSION OF THE CONTRACT (Article 14): Subparagraph is hereby deleted in its entirety: Add a new Subparagraph as follows:

46 Page 46 of 92.5 or any Subcontractor becomes insolvent, enters bankruptcy, receivership or other like proceeding (voluntarily or involuntarily), or makes an assignment for the benefit of creditors, and the Contractor, within fifteen (15) days after receipt of notice from the Owner, fails to provide satisfactory evidence that the Contractor will either (i) perform the Work of such Subcontractor with the Contractor s own forces, in a timely manner, or (ii) replace the Subcontractor with another similarly qualified subcontractor who is ready, willing and able to do such Subcontractor s Work in a timely manner Add the following at the end of the Subparagraph: In any such event, title to the Work and any products thereof, whether completed or partially completed, as well as all materials prepared, procured or set aside by the Contractor for use in the Work, shall vest in the Owner at the Owner s option, and the Owner may enter the Contractor s premises and remove the same therefrom. No election hereunder shall be construed as a waiver of any rights or remedies of the Owner with regard to any breach of the Contract Documents Subparagraph is hereby modified in its entirety to read as follows: In case of such termination for the Owner s convenience, the Contractor shall be entitled to receive payment for Work executed payment for specially ordered and shipped products for the Project, and an amount equal to ten percent (10%) of the reasonably estimated Pay Applications for the then next succeeding three months Wherever the term Initial Decision Maker appears it shall mean Owner or Owner s designated representative anywhere within this Article Delete Subparagraph 15.2 and replace with the following: Claims by the Contractor must be initiated by written notice to the Owner with a copy sent to the Architect. Claims must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the Contractor first recognizes the condition giving rise to the Claim whichever is later. Failure to make a claim within the prescribed period will result in the claim not being allowed. The Owner may make a claim at any time during the entirety of the contract and warranty period, and will endeavor to give notice to the Contractor, with a copy sent to the Architect, within 21 days of the time the condition giving rise to the Claim in first recognized. The period to make claim shall not in any way diminish the Owner s right to seek remedy due to the statute of limitation for failure to adequately complete the Work as contracted.

47 Page 47 of Delete Subparagraphs and in its entirety and replace with the following: No increase in the Contract Time will be allowed except as otherwise expressly provided in Paragraph 8.3 above Delete Subparagraphs in its entirety and replace with the following: Cut and paste this space the entirety of from the original Supplementary Conditions Paragraph (Claims for Consequential Damages) is deleted in its entirety. In the event the Contractor fails to achieve Substantial Completion of the complete contract with the adjusted contracted time, the Owner will be damaged thereby. The Contractor and Owner jointly agree that the amount of said damages is difficult if not impossible of definite ascertainment and proof. The Contractor and Owner hereby agree that the sum of $1, per calendar day, starting on the first day of the delay and ending on the day Substantial Completion of the entire work is declared, is a reasonable and appropriate set amount of the damages which will be incurred by the Owner for each day of delay. The Contractor recognizes this amount is liquidated damages and not a penalty of any kind. In the event that the Contractor achieves Substantial Completion then fails to complete all punch list items satisfactorily within the prescribed period for completion of the punch list, the Owner may reinstate claim for liquidated damages at the rate of $ per consecutive calendar day until the punch list is complete. The Contractor agrees that any liquidated damages due under this Contract shall be deducted from amounts due under the Contract, or if no further sums are due the Contractor hereunder, Contractor agrees to pay to the Owner such liquidated damages as shall be due hereunder for such delay within ten (10) days after receipt of demand thereof. Contractor further agrees that if it fails to pay the Owner such liquidated damages within ten (10) days following the Owner's demand thereof, the Contractor shall be liable to the Owner for interest at the statutory rate on said sum, plus any related costs of collection, including attorney's fees Wherever the term Initial Decision Maker appears it shall mean Owner or Owner s designated representative anywhere within Article Delete Subparagraph in its entirety and replace with the following: Decision of Architect. Claims, excluding those arising under Section 1.3, 10.4, and , shall be referred initially to the Architect to initial decision. Except for those claims excluded by Section , an initial decision by the Architect shall be required as a condition precedent to mediation, of any Claim arising prior to the date final payment is due,

48 Page 48 of 92 unless 30 days have passed after the Claim has been referred to the Architect with no decision having been rendered by the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner Change the term Initial Decision Maker to Architect in each location Change the term Initial Decision Maker to Architect in each location Change the term Initial Decision Maker to Architect in each location Change the term Initial Decision Maker to Architect in each location Paragraph (Claims for Consequential Damages) is deleted in its entirety. In the event the Contractor fails to achieve Substantial Completion of the complete contract with the adjusted contracted time, the Owner will be damaged thereby. The Contractor and Owner jointly agree that the amount of said damages is difficult if not impossible of definite ascertainment and proof. The Contractor and Owner hereby agree that the sum of $1, per calendar day, starting on the first day of the delay and ending on the day Substantial Completion of the entire work is declared, is a reasonable and appropriate set amount of the damages which will be incurred by the Owner for each day of delay. The Contractor recognizes this amount is liquidated damages and not a penalty of any kind. In the event that the Contractor achieves Substantial Completion then fails to complete all punch list items satisfactorily within the prescribed period for completion of the punch list, the Owner may reinstate claim for liquidated damages at the rate of $ per consecutive calendar day until the punch list is complete. The Contractor agrees that any liquidated damages due under this Contract shall be deducted from amounts due under the Contract, or if no further sums are due the Contractor hereunder, Contractor agrees to pay to the Owner such liquidated damages as shall be due hereunder for such delay within ten (10) days after receipt of demand thereof. Contractor further agrees that if it fails to pay the Owner such liquidated damages within ten (10) days following the Owner's demand thereof, the Contractor shall be liable to the Owner for interest at the statutory rate on said sum, plus any related costs of collection, including attorney's fees Paragraph and Subparagraph are deleted in their entirety Subparagraph is hereby deleted in its entirety Paragraph 15.3 and Subparagraphs and are hereby deleted in their entirety.

49 Page 49 of 92 Mediation and any other terms of the General Condition requiring Mediation are deleted in their entirety, and is not required that any controversy or claim arising under any of the Contract Documents be submitted to Mediation Paragraph 15.4 and Subparagraphs , , , , , , and are herby deleted in their entirety. Arbitration and any other terms of the General Conditions requiring Arbitration are deleted in their entirety, and it is not required that any controversy or claim arising under any of the Contract Documents be submitted to Arbitration.

50 Page 50 of 92 SECTION 6 Owner s Special Conditions INDEX CHAPTER PAGE PAGE OSP-DOC RFCSP-DOC INTRODUCTION 3 (48) PRE-CONSTRUCTION CONFERENCE AGENDA 4 (48) 1. PROJECT RESPONSIBILITIES 7 (51) 2. PROJECT RESTRICTIONS 9 (53) 3. PERMITS, LICENSES, CERTIFICATES AND FEES 13 (56) 4. SUBMITTALS 14 (57) 5. PROJECT MEETINGS 15 (58) 6. CONSTRUCTION PHASING 17 (59) 7. INSPECTIONS/OBSERVATIONS 19 (61) 8. SCHEDULE OF VALUES AND APPLICATIONS FOR PAYMENTS 21 (63) 9. SCHEDULES 22 (64) 10. CONSTRUCTION CHANGES 23 (65) 11. RECORD DOCUMENTS 25 (66) 12. MAINTENANCE MANUALS 26 (67) 13. PROJECT CLEAN-UP 26 (67) 14. WARRANTY PROCEDURES 27 (68) 15. EXHIBITS

51 Page 51 of 92 INTRODUCTION The Owner s Special Conditions have been developed by Northside Independent School District, Department of Facilities and Operations (Owner), to assist the Contractor with procedures during the construction and close-out of this project. Depending upon the specific type of project (addition, renovation, new school, mechanical work, roof replacement, etc.) certain sections or paragraphs may not be applicable. In general, this manual attempts to define an agenda and format for the Pre-Construction Conference and supplement many of the contractual requirements of the project specifications. No part of this Manual shall take precedence over or supplant the requirements set forth in the General Conditions and Supplementary General Conditions unless specifically stated. Throughout the span of the project, the Owner solicits suggestions from any team member for ways to decrease time, improve quality or reduce costs. All suggestions may not be accepted. Acceptance of proposed changes shall be at the sole discretion of the Owner. The Owner is under no obligation to explain its reasons for its action. A thorough review of this manual will provide important information on topics essential to the orderly management of the construction project. An understanding of the relationships of all team members and adherence to the procedures outlined is intended to improve the flow of information. PRE-CONSTRUCTION CONFERENCE Recommended Agenda A. Introduction of all attendees Distribute general information attachments B. Discussion of Project Responsibilities Team Concept - NISD, Architect/Engineer, Contractor Owner's Responsibility Director of Facilities Construction Architect/Engineer Responsibility Construction Administration Contractor Responsibility Protects Owner's interest Coordinate all construction Manage all construction School Personnel Principal Staff C. Project Restrictions Access to site Office and Trailer Location Construction Parking Material Storage Area Temporary Fencing Top Soil Stockpile Area Disposal of Soil Not allowed to use school restrooms or cafeteria Restrict workmen in existing school

52 Page 52 of 92 Temporary Utilities Power Water Security and Protection OFCI Storage Area Harassment Dress Code Tobacco Use Illegal Drugs and Alcohol D. Permits, Licenses, Certificates, and Fees General Contractor Bonds Builder's Risk Insurance Liability and Worker's Compensation Insurance Licenses Building Permits Fees E. Submittals Review Procedure Number and Type of Copies Routing Owner's Copies Submittal Log Color Schedule Substitutions Samples F. Project Meetings Regular Bi-Weekly Meetings Agenda Minutes G. Construction Phasing New Schools Early Completion Temporary Partitions Construction Phasing Existing Equipment Storage and Relocation Agency Inspections School Occupancy Utility Shutdown/Changeover H. Inspections/Observations A/E Observations Contractor's Quality Control Agency Inspections Concealed Space Observation Substantial Completion Inspection Contractor

53 Page 53 of 92 A/E Future Maintenance System Verification I. Application and Certificate for Payment Schedule of Values Application for Payment Match Schedule of Values Review Procedure Final Pay Application Pre-Requisites J. Schedules Construction Schedule Monthly Revisions Construction Delays School Staff Support During Workdays K. Construction Changes Control of Construction Changes Authority to Issue Changes Proposed Change Order Procedure Change Order L. Record Documents Contractor Responsible to Maintain Enforce with subcontractors Pre-requisite for final payment M. Maintenance Manuals Contents of Manual Arrangement of Information Distribution N. Project Clean-Up Periodic and Final Clean-Up O. Warranty Procedures Expectations Initiation of Requests Acknowledgment of Repairs Follow-up Letters

54 Page 54 of 92 CHAPTER 1: PROJECT RESPONSIBILITIES 1.1 Team Concept The Owner solicits the cooperation of the Architect, Engineer, Consultants and Contractor as team members to work under a Team Concept toward a successful project, but not limited to: 1.2 Owner's Responsibility The Owner s responsibilities are defined in the General Conditions, Supplementary General Conditions and Contract. The Owner has assigned the following team members to the project with general duties as indicated. DIRECTOR OF FACILITIES CONSTRUCTION / DIRECTOR OF ENGINEERING SERVICES * Manages Owner s Project staff * Liaison with existing school personnel * Liaison with other NISD team members * Reviews and approves all payments * Reviews and approves all Contingency Change Orders, Construction Change Directives and Change Orders * Assists in resolving disputes OWNER S PROJECT MANAGER * Observes construction * Liaison with existing school personnel * Liaison with other NISD team members * Reviews submittals * Reviews and approves all payments * Schedules and attends project meetings * Attends substantial completion and final inspections. * Reviews and approves all Contingency Change Orders, Construction Change Directives and Change Orders * Works with Architect on document interpretations or clarifications * Liaison with agency representatives * Submits warranty requests through the Architect to the Contractor OWNER S CONSTRUCTION OBSERVERS * Observes all phases of construction * Approves mock-ups of various materials and systems * Attends project meetings when necessary * May review submittals * Attends all above-ceiling, substantial completion and final inspections. * Conducts Pre-Installation Meetings. * Collects manpower counts when required. 1.3 Architect's Responsibility The Architect s responsibilities are defined by the General Conditions, Supplementary General Conditions, Construction Contract, and its Contract with the Owner. General areas of responsibility include, but are not limited to:

55 Page 55 of 92 * Interpretation and clarification of the Contract Documents * Observation of construction * Reporting of defective or deficient work * Review of submittals * Review of Contractor s applications for payment and request for extension of time * Review and processing of Proposal Requests, Construction Change Directives, Contingency Change Orders, and Change Orders * Review of the work at Substantial Completion and Final Inspection. * Warranty Period The Architect is responsible for employing Consultants for appropriate phases of the work such as mechanical, plumbing, electrical, technology and others as may be necessary. As the single source design professional, the Architect is therefore responsible for his consultants providing the services provided by these Consultants. 1.4 Contractor's Responsibility The Contractor s responsibilities are defined by the General Conditions, Supplementary General Conditions and Contract. This includes coordinating, scheduling and expediting the work for completion within the agreed upon schedule. General area of responsibility includes, but is not limited to: * Management and coordination of all subcontractors * Responsibility for all acts of all construction workers * Protecting the Owner's interests * Protection of students, Owner s Staff, people and property * Maintaining an orderly, clean and safe construction site * Coordination of trades and testing laboratories * Notification or Architect and Owner upon discovery of any questionable, conditions, designs, materials, details, or procedures * Coordination with school principal to ensure student and staff safety * Keeping the Architect and Owner informed through reports and meetings * Quality Control of all construction * Compliance with all applicable codes and regulations * Scheduling timely concealed space observations by Architect, Owner and Governing Agencies * Prompt correction of all warranty items 1.5 School Personnel Many of the Owner's projects involve school personnel such as the principal. The Owner will designate appropriate school staff for contact/coordination purposes at the start of the project. Designated school staff is made available for coordination between the construction work and school activities during and after normal school hours. School staff shall not be contacted for interpretation of the Contract Documents, changes in the work, or other duties reserved for the Architect or other Owner personnel previously designated. During addition or renovation projects, it is frequently necessary to shutdown utilities or services for connections or change-over. This must be coordinated through the Owner s Project Manager and Architect 72 hours prior to the shutdown to allow the school district to make alternative preparations. This is defined as weekday hours only excluding designated holidays.

56 Page 56 of 92 The Contractor is not authorized to make any changes in the work requested by school personnel unless directed by the Architect, or unless it is an emergency affecting the safety of students, school personnel, other persons or property. Project visitation or tours shall be coordinated with the school principal and Owner s Project Manager. Random tours by school personnel will not be allowed due to safety concerns. Tours shall be arranged in advance with the General Contractor and approved by the Owner and General Contractor. All visitors must check-in at the field office. All visitors must abide by all safety and insurance regulations at all times. CHAPTER 2: PROJECT RESTRICTIONS 2.1 Access to Site Routes for access to the site shall be restricted to those shown on the Contract Documents. If none are indicated, access routes shall be agreed upon during the Pre-Construction Conference. No change to this access route shall be allowed unless approved in writing by the Architect. Any damage to existing paving, curbs, walkways, landscaping, Irrigation, etc. shall be repaired or replaced by the Contractor at no cost to the Owner. The Contractor shall be required to maintain the access roads in a clean condition at all times and remove any temporary access provisions at completion of the work. In projects involving additions and renovations to existing facilities, access shall be limited to locations agreed upon by the Owner, the school principal, the Architect, and the Contractor and/or as shown on the Drawings. The Contractor shall enforce access restrictions with all personnel. Deliveries may be restricted to hours convenient to the school to avoid conflicts. 2.2 Field Office and Trailers Provide temporary field offices, weather tight, lockable, and of sufficient size to accommodate required office personnel at the project site, furnished and equipped as specified below. The room(s) shall be maintained in a clean and orderly condition. * Light colored resilient floor, wall and ceiling finishes * Operable windows with blinds and insect screens * Air conditioning and heating to maintain indoor temperatures of 68 F and 74 F respectively. * Adequate fluorescent lighting * volt duplex outlets as necessary * Telephone service with fax and internet connectivity * Office furniture as necessary for Contractor s personnel * Plan table(s) and bookshelves * Meeting room with table and seating for 12 (minimum 250 sf) * Tack boards as required and erasable marker board * Wall calendar * Drinking water cooler * The Field Office shall maintain/provide six (6) OSHA approved hardhats for NISD personnel. Hardhats shall be new and white in color and shall not have any logos. The location of the trailer and other temporary buildings such as tool sheds, toilets, etc., shall be agreed upon by the Owner s Project Manager, the school principal, the Architect,

57 Page 57 of 92 and the Contractor or as shown on the Drawings. The location shall be coordinated with future work so as not to interfere with utility work, paving, etc. and to avoid interference with existing school operations. The Contractor shall not locate trailers in existing parking area unless approved by the Owner. 2.3 Construction Parking The Contractor shall allow parking by workers in areas designated in the Contract Documents. If not designated, a joint agreement shall be reached by the Owner, principal and Contractor. If space is not available, the Contractor shall require workers to park offsite. 2.4 Material Storage Areas The Contractor shall restrict storage of materials to areas designated on the contract Documents. If not designated, a joint agreement shall be reached by the Owner, principal and Contractor. Storage containers shall be immediately repaired/replaced if vandalized or damaged during construction. 2.5 Temporary Fencing The Contractor shall provide a temporary construction fence where shown by the Contract Documents. Temporary fencing shall be chain link, except as permitted otherwise by the Architect and Owner, minimum 6 0 in height, with locking gates for entry. Posts shall be minimum 1.5 diameter galvanized steel firmly embedded in concrete. Fencing shall be maintained straight and secure for the duration of operations requiring its presence. 2.6 Restrooms The Contractor shall provide adequate temporary sanitary facilities for construction workers. These should be located to avoid odors and visibility by the students, staff and visitors. Workers will not be allowed to use restrooms within the existing school facilities. Facilities shall be secured to prevent vandalism. 2.7 Use of School Cafeteria/Telephones Construction workers may not use the existing school cafeteria, vending machines, or telephones. 2.8 Construction Traffic within Existing School The Contractor shall monitor on a full-time basis all construction personnel within existing buildings, especially when buildings are occupied by students or school staff. 2.9 Identification Badges All construction workers, delivery persons and others associated with the Contractor s work shall be required to be identified by a personnel badge. The Contractor shall provide badges and maintain an issuance log. The badge shall be worn at all times the person is present on an existing campus. The badge shall have a current photo, person s name and the company under which the person is employed. Persons found at the site without their badges will be asked to leave the premises and will be reported to the Contractor s Superintendent.

58 Page 58 of Use of Existing Utilities In new construction the Contractor shall provide and pay the costs of temporary utilities for the duration of the project until such time as the project is fully accepted. Acceptance and turn-over of utility costs shall be the joint determination of the Architect, Contractor and Owner. For renovation and addition work on existing campuses, in general the cost of utilities (with exception of telephone and internet service) shall be borne by the Owner unless designated otherwise in the Contract Documents. When using the Owner s utilities the Contractor shall enforce energy and utility conservation whenever possible. If usage is determined to be excessive, in the sole determination of the Owner, the Contractor shall be required to reimburse the Owner for utility costs. The Contractor shall be fully responsible to coordinate and verify existing utilities on site. Any damage occurring to existing utilities resulting from the work shall be the Contractor s responsibility to promptly repair at its cost. The Contractor shall immediately notify the Architect and Owner should any utility service be interrupted during the project Security The Contractor shall provide security to protect the work, materials and site at various times. Temporary barriers, signage, lighting, etc., shall be provided as necessary. A fulltime security person may be required for protection of the work against vandalism, theft and other malicious acts. The cost of security shall be borne by the Contractor unless otherwise stated Harassment Harassment of students, staff and other NISD personnel will not be tolerated. The Contractor will be informed of any complaints and will immediately and permanently remedy the problem Dress Code Workers shall be fully clothed at all times. Workers wearing shorts or without shirts will not be allowed on the project. Clothing shall not have indecent or suggestive logos or words. Advertisements for tobacco, alcohol, drugs or firearms are prohibited Tobacco Smoking and chew less tobacco products are prohibited on the Owner s properties at all times and shall be fully enforced by the Contractor. Tobacco products may not be brought onto the Owner s property by any person at any time Illegal Drugs and Alcohol No alcoholic beverages or illegal drugs shall be brought on the Owner s property at any time. Workers found or believed to be under the influence of illegal drugs or alcohol shall be permanently removed from the project Firearms

59 Page 59 of 92 Firearms shall not be brought onto the Owner s property at any time. Anyone found to be in possession of a firearm(s) will be immediately referred to the local authorities and will be permanently expelled from the project Project Sign The Contractor shall provide, erect and maintain a project sign as shown in the Contract Documents. The sign shall be immediately repaired/replaced in the event of any damage during construction. Coordinate the location of the project sign with the Owner s Project Manager and, if required, the Principal of existing campuses Project Photographs The Contractor shall maintain a comprehensive file of project photographs from the start to completion of the project. The photographs shall include documentation of all trades and be chronologically ordered by date and trade to indicate the order and progression of the work. Particular attention shall be paid to concealed conditions. The files of photos shall be provided to the Architect and Owner for inspection on CD-ROM upon request at any stage of construction. CHAPTER 3: PERMITS, LICENSES, CERTIFICATES, AND FEES 3.1 Contractor Licenses The Contractor and all subcontractors involved in the project shall obtain and pay for all necessary business and contractor licenses as required by any law or the Authority Having Jurisdiction (AHJ). 3.2 Building Permits The Owner shall pay for and provide the building permit unless otherwise indicated by the Contract Documents. The Contractor shall obtain and pay for all other required permits and pay for all inspections required by any authority having jurisdiction over the project. 3.3 Grading and Foundation Permits On projects that are developed on a fast-tract basis, the Owner shall obtain and pay for the necessary clearing, grading and/or foundation permit. 3.4 State Highway Permits In certain instances, the connection of a school entry drive to a highway requires a State Highway Permit. Unless otherwise noted the Contractor shall pay for this permit. 3.5 Utility Impact Fees The Owner shall pay the utility impact fees only to connect to existing utilities at the property line or in adjacent streets and right-of-way for the project. All other fees are the responsibility of the Contractor unless otherwise defined by the Contract Documents. CHAPTER 4: SUBMITTALS 4.1 Submittals/Shop Drawings

60 Page 60 of 92 The requirements for the submittal of shop drawings and submittal of material brochures are outlined in the project specifications. All subcontractor submittals shall be submitted to the Architect through the Contractor. The Architect shall review and take the appropriate action on submittals within forty-five (45) days after receipt. All copies of submittals shall be reviewed and approved by the Contractor prior to submitting to the Architect. The Architect will retain three (3) copies of each submittal. The Contractor shall also retain two (2) copies of all approved submittals for Owner records. The complete set of all approved submittals (including an index) shall be transmitted through the Architect to the Owner at the completion of the project. The Contractor and Architect shall maintain a log of submittals so that the status of all shop drawings, etc., may be monitored through the construction phase. The log shall contain adequate information regarding the submittal, review dates, submittal descriptions, and action taken. Within forty-five (45) days of award of contract the Contractor shall prepare and provide a reasonable schedule of submittal due dates to the Architect for review provided that a reasonable schedule is not established in the Contract Documents. The schedule is intended to establish an advance time line for when each submittal is required to avoid material delays. Lesser times shall be designated in the Contract Documents and be applicable for smaller scope projects. 4.2 Interior and Exterior Color Schedule Color and material selections must be approved by the Owner s Building Committee and may take up to five (5) weeks for approval. All items involving color or material selections shall be assembled and submitted to the Architect at one time. 4.3 Substitutions See Specifications. 4.4 Mock-ups The Contract Documents shall establish a list of mock-ups for various materials. Mock-ups are intended to establish a standard by which to gauge the work as it is constructed. It is intended that each mock-up shall be exact and of the highest quality workmanship. The mock-up shall be constructed and completed at least three (3) days in advance of the subject work proceeding. Approval of the mock-up by the Owner and Architect is required prior to work proceeding. Should the mock-up not be approved it shall be promptly removed and replaced at no cost to the Owner until such time as it meets the required standard. 4.5 Masonry Samples (on applicable project only) As soon after the award of contract as practical, the Contractor shall obtain samples of applicable masonry units specific to the project and submit them to the Architect for review. The Architect and Owner will select samples and advise the Contractor to proceed with building sample panels, at least 6' wide x 8' high of each of the masonry samples selected. Approval of the selected sample will be provided through the Architect. The sample panel shall remain in good condition at the project site until substantial completion of the project. CHAPTER 5: PROJECT MEETINGS

61 Page 61 of Project Meetings Regular project meetings shall be scheduled by the Owner on a bi-weekly or as needed basis depending upon the size and complexity of the project. The meeting should be on the same time of day and day of week. The exact day, time and location of project meetings shall be agreed upon during the Pre-Construction Conference. Representatives of these organizations should be in attendance at each meeting * General Contractor s Project Manager and Superintendent * Mechanical/Plumbing Subcontractor * Electrical Subcontractor * Other Subcontractors as required * Architect/Engineer * Owner s consultants * Owner Special meetings may be called when required with appropriate prior notice to all applicable parties by the Owner, Architect or Contractor. The Architect shall chair all project meetings and be responsible for scheduling, preparing the necessary agenda and minutes, and ensuring that necessary topics are discussed. The General Contractor shall be responsible for submitting a two-week Outlook Construction Schedule. In the Outlook Schedule the Contractor shall outline a forecast for the work that is planned for the upcoming weeks. He shall inform the Design Team of what work will be started and or completed. Additionally he shall state the current status of ongoing work, new material (i.e. brick, joist, roofing, etc) or equipment (i.e. Chillers, RTU, Kitchen, etc) that is anticipated to arrive on the job site. The two-week outlook shall be submitted in writing at each bi-weekly project meeting. 5.2 Project Meeting Agenda The Architect shall prepare an agenda for the meeting and distribute copies of the agenda to the Owner and Contractor at least twenty-four (24) hours prior to the meeting. Topics for the agenda shall include, but not be limited to: * Unfinished business from past project meetings * Summary report on the status of the Overall Construction Schedule * Review of the Outlook Construction Schedule * Review of potential problems * Review of the Submittal Log * Review of status of Requests for Information (RFI), Proposal Requests, and Changes * Review of applications for payment (once per month) * Other business 5.3 Meeting Minutes The Architect shall prepare formal minutes and forward a draft copy for review to the Owner, Consultants and Contractor within five (5) work days of the meeting requesting that any changes or corrections be returned to him within three (3) work days. The final formal minutes shall be issued within three (3) work days thereafter.

62 Page 62 of Pre-Installation Meetings Pre-installation meetings shall be conducted for various trades. A list of the minimum required pre-installation conferences is included as an exhibit to this document. Other preinstallation conferences may be required and will be listed in other portions of the Contract Documents. Topics to be discussed in the pre-installation conference are found in the Contract Documents in each respective Section. In general, persons required to be in attendance at each pre-installation conference are as follows: * General Contractor s Project Manager and Superintendent * Specific Trade Subcontractor * Related Trade Subcontractors (as necessary) * Manufacturer s Representative (as necessary) * Architect/Engineer * Owner s consultants (as necessary) * Owner CHAPTER 6: CONSTRUCTION PHASING 6.1 New Campuses and Additions/Renovation to Existing Campuses The Contractor shall cooperate with the new school staff and Owner to turn over portions of the building as required to meet the Owner s required schedule. Specifics regarding turnover shall be discussed in various project meetings as completion of the project nears. In addition or renovation projects, it may be necessary to divide the construction into phases so the school can continue to operate. Phasing of the project is defined in the Contract Documents. Detailed discussions regarding phasing, room relocation, utility changeover, utility shut-off, etc., shall occur during the Pre-Construction Conference. 6.2 Temporary Partitions Temporary partitions are required to isolate areas under construction from operating portions of the school and, when necessary, are indicated on the Contract Documents. Temporary partitions shall be constructed as shown in the Contract Documents. Partitions shall be caulked or sealed to prevent dust on the construction side from passing through the school operation side. Temporary partitions shall be insulated to contain construction noise. 6.3 Temporary Entrances Temporary entrances shall be erected where shown by the Contract Documents or located where required by the Contractor operations for safe passage of students and staff. Temporary entrances and coverings (if any) shall be structurally sound, engineered when required, comply with applicable building codes, allow for the safe operation of doors, adequate steps or ramps, have non-slip surfaces, and temporary signage. The location and construction of temporary partitions and temporary exits shall be reviewed with the Architect and a representative of the agency having jurisdiction prior to construction. 6.4 Temporary Fire Protection

63 Page 63 of 92 Minimum 20-lb. Type ABC fire extinguishers shall be located where required to meet the Contractor s safety plan and provide adequate temporary fire protection. Workers shall be skilled in the operation of these extinguishers. Fire watches shall be established and maintained by industry standard and the Contract Documents when working with hazardous materials that may cause fire such as welding, open flame torches, etc. When working in an existing facility, special care should be taken to minimize the risk of fire. The existing fire alarm and fire sprinkler systems shall remain operational wherever required in existing buildings. 6.5 Existing Equipment Relocation The Contractor is responsible for investigating existing equipment to be relocated, determining the procedure, means, and method of removal and determining the appropriate rough-ins so the equipment can be relocated with minimal downtime. The time schedule for relocating the equipment shall be coordinated with the Architect. 6.6 Authority Have Jurisdiction During any project, the governing authority having jurisdiction normally requires a final inspection prior to occupancy of completed areas. The Contractor shall schedule these inspections to allow prompt occupancy of completed areas. A Temporary Certificate of Occupancy may be required and is the responsibility of the Contractor to obtain. Obtaining and maintaining the Temporary Certificate of Occupancy is the sole responsibility of the Contractor until such time as a permanent Certificate of Occupancy has been issued. 6.7 School Occupancy Adequate time shall be allowed in the construction schedule for the school to relocate staff, furnishings and equipment to the completed phases or areas of the project. Timing shall take into consideration deployment of technology and preparation of floors by the Owner s custodial staff. The Owner s project manager shall provide this information. The current School Calendar will be provided to Contractor by Owner. Construction shall be coordinated with school operations, both during and after regular hours, during testing periods, etc. 6.8 Utility Shutdown/Change Over Contractor shall issue a request to the Owner s Project Manager and Architect for a utility shutdown a minimum of 72 weekday hours. Owner s approval is required prior to any utility shut down. All permits, testing and inspection required by both the local jurisdiction and the Owner shall be provided and coordinated with each shutdown. Where applicable the Owner s Maintenance Department will require green tag approvals from utility shut down inspection before any equipment may be restarted after a shutdown. The Contractor shall ensure that the necessary materials and equipment are available on-site before beginning the shutdown or change-over. Any afterhours connections, if required, will be at no additional cost to the District. The Contractor shall be aware of school holiday schedules and attempt to schedule shutdowns/changes over these days when practical. CHAPTER 7: INSPECTIONS/OBSERVATIONS 7.1 Architect/Engineer Responsibility

64 Page 64 of 92 The Architect s responsibilities during the Construction Phase, and those of his team, are defined in the General Conditions, Supplemental General Conditions, his contract with the Owner and the Contract. Following each site visit, the Architect and/or his consulting engineers, are required to report in writing their observations to the Contractor and Owner. 7.2 Contractor's Responsibility The Contractor s responsibilities are defined in the General Conditions, Supplemental General Conditions, the Contract and the various Specification Sections. 7.3 Concealed Space Observation Prior to the installation of any wall or ceiling material the Contractor shall notify the Architect and Owner s Project Manager so that arrangements can be made for a review of the area proposed to be closed. The Contractor shall give as much advance notice as possible, but no less than 72 weekday hours. Preferably this task shall be scheduled on the Contractor s two week look ahead schedule. 7.4 Special Inspections Special Inspections are required by the Building Code and Authority Having Jurisdiction (AHJ). Evidence of the successful completion of the Special Inspections, which are defined in the Contract Documents, must be provided by the Contractor prior to Substantial Completion. The Contractor shall provide and maintain at the job trailer a log for sign-in by the Testing Laboratory. The Contractor s Superintendent shall monitor the log and ensure that the Testing Laboratory representative logs-in and out for each required task. The log shall also include dates and the log-in and log-out times for each inspection. The Project Superintendent shall also maintain on-site all Special Inspection reports from the Testing Laboratory. 7.5 Substantial Completion Inspection Prior to requesting the substantial completion inspection by the Architect/Engineer, the Contractor shall conduct his own inspection of the construction and provide the Architect with a list of deficiencies (punch list). He should identify areas of unacceptable quality and construction that may be incomplete. He should then work to ensure that these areas are corrected and construction is completed prior to notifying the Architect/Engineer that the project is ready for a substantial completion inspection. The following people should be in attendance for the substantial completion inspection: * General Contractor * Mechanical Subcontractor * Electrical Subcontractor * Other Subcontractors as required * Architect * Consulting Engineers * Owner s Project Manager * Owner s Construction Observers * Owner s Maintenance Personnel

65 Page 65 of 92 The punch list generated by the substantial completion inspection tour will be prepared by the Architect and distributed to the Contractor and Owner. It is essential that correction of all punch list items be completed within thirty (30) calendar days after its formation. After correction is complete, the Contractor should notify the Architect who will perform a follow-up review and sign off and date each item on the punch list to assure completion of each item on the punch list. Upon satisfactory completion of the deficiencies, the Architect will submit to NISD through the Contractor a signed off punch list and AIA Document G704 Certificate of Substantial Completion. 7.6 Future Maintenance Adequate clearance around equipment, valves, VAV boxes, electric panels, controls, etc. must be taken into consideration as each item is installed. It is the Contractor's responsibility to coordinate other trades that may be involved with installation of equipment in the same area as an item that has been previously installed. Any equipment installed without the proper access or which restricts access to other equipment will be required to be removed or relocated and reinstalled to provide ample maintenance accessibility at no cost to the Owner. 7.7 Systems Verification Near the completion of the project, the Owner will conduct an all systems verification for the purpose of confirming that the mechanical and electrical systems, fire alarm, intercom, security, public address, energy management controls, etc. are operating adequately. Systems verification will occur only after the test and balance report has been completed. CHAPTER 8: SCHEDULE OF VALUES AND APPLICATIONS AND CERTIFICATE FOR PAYMENT 8.1 Schedule of Values The Contractor shall submit a completed AIA Document G703 Schedule of Values to the Architect prior to the first Application and Certificate for Payment. A construction schedule for the entire project shall also be provided. Multiple site projects shall have a separate AIA Document G703 prepared for each site. See General Conditions Article Application for Payment The Contractor's monthly Application and Certificate for Payment shall be submitted on AIA Document G702 (see exhibit C). The various categories for the cost included in the Application and Certificate for Payment shall parallel the Schedule of Values previously submitted to the Architect and approved by the Owner. An updated copy of the Schedule of Values, AIA Document G703 shall be re-submitted with each application for payment. The Contractor shall submit a minimum of four (4) copies of the completed Application and Certificate for Payment, Schedule of Values and supporting documents to the Architect for review. The following process shall be followed for submission of each application: * The Contractor shall submit a rough draft of the application for payment to the Architect a minimum of five (5) working days prior to the date of the project meeting when the formal application is set for review.

66 Page 66 of 92 * The Architect shall promptly review the draft application and advise the Contractor at least 24-hours in advance of the formal meeting of any required changes. * At the formal review meeting the Architect, Owner and Contractor shall review the formal application along with the required updated schedule, affidavit of bills paid and release of lien. If all is found to be in order the Architect shall sign the original and each copy of the application and hand them to the Owner s Project Manager who will deliver them to the Facilities and Operation Office in-house accounting personnel for processing. * Should any part of the submission found to contain error the application will be returned to the Contractor. It shall be the Contractor s responsibility to hand deliver the corrected documents to the Architect and Owner in a timely manner to meet the Owner s payment deadlines. Provided that an Application for Payment is reviewed under the above scenario no later than the last Wednesday of the month, the Owner shall make payment to the Contractor not later than the second Friday of the following month. If an Application for Payment is received after the application date fixed above, payment shall be made by the Owner not later than the fourth Friday of the following month after receipt of the application. See Article of the Supplementary General Conditions. The Owner will only allow payment for materials stored at the project site or other Ownerowned site. Materials shall be properly stored and available for inspection by the Architect and Owner at all times. 8.3 Final Application for Payment The final application for payment may not be submitted until the project has been approved by the Architect, the Owner, and applicable governing agencies. Additionally, the final application for payment will not be reviewed until all prerequisites for project close-out have been satisfactorily completed and delivered to the Architect, including record drawings, lien releases, maintenance manuals, warranties, equipment instruction, etc. CHAPTER 9: SCHEDULES 9.1 Construction Schedules A bar chart type critical path method schedule is required for all projects. The information shall be provided in a detailed format by trade, task and time frame. Each task shall be divided into defined units of work that can be measured against the schedule. The overall project must be separated into portions or phases that can be easily monitored. The Contractor shall continuously monitor and frequently (monthly) update the schedule. At the end of each month, the Contractor shall revise and update the master construction schedule adjusting the tasks and dates as necessary to reflect the actual condition of the project. The Contractor shall submit a revised copy of the construction schedule with each monthly application for payment. 9.2 Construction Delays The Contractor shall notify the Architect and Owner of any claim for extension of time in writing on or before the due date of the Contractor's application for payment concerning the period in which the delay began per Article of the Supplementary General Conditions.

67 Page 67 of 92 The Owner reserves the right to substitute unused monthly weather delay days for time extension days claimed for any reason by the Contractor, whether those be for delay of any kind or for change orders to the work. The Owner, at its sole discretion, may elect to log delay days and hold such days for adjustment at the end of the contract. Time extensions for weather delays will not be granted until completion of the project, but will be logged monthly and adjusted at the end of the project, if needed. 9.3 School Staff Support during Workdays Work involving existing occupied buildings requires an Owner s staff member be present during construction activities. Generally, the school custodial staff will open and close occupied facilities where construction is in progress. Facilities will be open and available during normal workdays. Extra workdays, such as, weekends and holidays, will require special arrangements with the school staff via the Owner s Project Manager. Minimum 72 weekday hour request is required in order to make adjustments in custodial hours. Short notice requests which results in overtime costs may be charged to the Contractor. A minimum of two hours time will be charged for any period in which a custodian is required. CHAPTER 10: CONSTRUCTION CHANGES 10.1 Control of Construction Changes The Architect will maintain a log of Proposal Requests (PR s), Contingency Change Orders, Construction Change Directives, and Change Orders indicating the status at any time of those various documents. Only after a PR has been approved by the Owner can the change be included in a Contingency Change Order, Construction Change Directive or Change Order (AIA Document G701). The Architect is responsible for assigning Change Order numbers, issuing Change Orders and keeping current logs of approved changes Authority to Issue Changes The authority to order a change to a project under construction, however, rests solely with NISD. Changes in the monetary sum of the contract for sums less than $25,000 may be made by the Owner s staff with approval of the Assistant Superintendent of Facilities and Operations. Changes in the monetary sum of the contract for sums exceeding $25,000 require action by the Northside ISD Board of Trustees in a scheduled Board of Trustees Meeting Proposed Change Order Procedure Issuing the PR The Architect issues the Proposal Request (PR) to the Contractor requesting pricing for certain defined work. When practical a PR is to be issued within ten (10) working days of the date that the Architect finds cause for issuing the PR. The PR shall contain specific information, drawings and/or specifications related to the specific work to be priced. Contractor s Response Within ten (10) working days the Contractor shall provide to the Architect a detailed labor and material breakdown of the proposed pricing for the PR. Labor shall be broken down by man hours and include hourly rates and labor burden. Materials shall include all quantities, units and unit prices. Overhead and profit shall be separated for

68 Page 68 of 92 subcontractors. Overhead and profit shall be affixed for the Contractor only when the PR will be taken from funds other than the Contingency Allowance. Architect s Review The Architect shall review the Contractor s response within ten (10) working days and either request further information or forward it with a recommendation to the Owner s Project Manager. If the PR is returned to the Contractor a subsequent response shall be provided back to the Architect in no more than ten (10) working days. Owner s Review The Owner reserves the right to return a PR for further review. In the event that a PR is returned by the Owner the Contractor shall respond with the requested information within ten (10) working days. If the PR is found to the acceptable, and if the sum is less than $25,000, the Owner will direct the Architect to issue a Contingency Change Order, Construction Change Directive or Change Order. If the sum exceeds $25,000 the PR will be forwarded for Board of Trustees action Change Orders Contingency Change Orders Contingency change orders are drawn against a fund established within the Contract. Upon completion of the project any remaining funds will be credited by Change Order to the Owner. Upon approval of a Contingency Change Order by the Owner, the Architect shall issue same with his signature, the Contractor shall sign it, and it will be finally executed by the Owner and take effect. At that time the Contractor is authorized to proceed with the work. Construction Change Directive A construction change directive (CCD) is issued to expedite the work in a case when time is of the essence. These documents are often issued with a price not-to-exceed meaning that negotiations to a final price will continue once the work is authorized. The Contractor is bound by the Contract to proceed with the work when a CCD is issued regardless of whether a final price has been agreed upon. A formal Contingency Change Order or Change Order will follow once a final price has been determined. Upon approval of issuance of a Construction Change Directive by the Owner, the Architect shall issue same with his signature, the Contractor shall sign it, and it will be finally executed by the Owner and take effect. At that time the Contractor is authorized to proceed with the work. Change Order A change order is drawn against funds that are not presently within the Contract. The General Contractor is allowed to add overhead and profit to change orders. Upon approval of a Change Order by the Owner, the Architect shall issue same with his signature, the Contractor shall sign it, and it will be finally executed by the Owner and take effect. At that time the Contractor is authorized to proceed with the work. Board of Trustees Approval Depending on timing approval of a +$25,000 PR by the Board of Trustees may take up to one month or more. For PR s of this type it is generally necessary to have all pricing settled no later than the first Monday of each month. Each PR must be reviewed by the Board of Trustees Building Committee prior to being submitted for final Board of Trustees action. CHAPTER 11: RECORD DOCUMENTS 11.1 Record Documents The Contractor and its Subcontractors shall maintain an accurate, current set of record documents as construction progresses. These record documents shall be maintained onsite in the Contractor's or Subcontractors' office area(s). All deviations from the contract set

69 Page 69 of 92 of drawings shall be noted in red for clear identification. The Architect, Engineers and Owner may periodically review the record documents Final Close-out of Project Within 30 days after substantial completion of the total project, the complete record documents shall be compiled by the Contractor and submitted to the Architect Closing Documents The Contractor shall use a spread sheet format for submission of required close-out documents. The General Contractor shall list each subcontractor alphabetically on EXHIBIT H and will check to insure a "Release of Lien"; AIA Documents G706A is included for each. Additionally, he will check that a "Payment of Debts", AIA Document G706 is also included for each subcontractor. Each subcontractor shall fill out the form at exhibit I indicating any supplies used and their Release of Lien AIA Document G706A. Warranties shall be included for any equipment furnished. All items shall be combined in the same tab for the subcontractor. CHAPTER 12: MAINTENANCE MANUALS 12.1 Contents of Maintenance Manuals The Contractor shall prepare maintenance and operating manuals for certain pieces of equipment and systems. The Maintenance Manuals shall contain information relative to the operation and maintenance of the equipment, wiring diagrams and replacement parts lists Arrangement of Information Maintenance Manuals shall be bound in sturdy three-ring binders with an index on the outside explaining the contents. Each separate piece of equipment shall be separated by tabs identifying that piece of equipment. Immediately behind each tab shall be a typed list of equipment including manufacture, model number, serial number, quantity and location (plan room number of each). Provide copies of shop drawings where applicable Distribution of Maintenance Manuals The Contractor shall prepare three (3) copies of maintenance information on the specified equipment. Two (2) copies of this information shall be delivered to the Owner within seven (7) days following completion of installation of that particular piece of equipment if the Owner is to operate that equipment prior to final completion of the project. The remaining copy of the maintenance manuals shall be delivered to the Architect within thirty (30) days following substantial completion of the project along with all other close-out documents. CHAPTER 13: PROJECT CLEAN-UP 13.1 Contractor's Responsibility Continual clean-up of the project and the site is the responsibility of the Contractor. On addition or renovation projects, it is extremely important that the construction area be kept as clean as possible. A complete site and building clean-up shall be accomplished each Friday leaving the site and building clean and orderly over the weekend Final Clean-up

70 Page 70 of 92 The Contract Documents specify the Contractor's clean-up responsibility. At a minimum the following shall be provided: * Mop all ceramic, quarry and vinyl tile floors (The Contractor shall not wax vinyl floor tiles.) * Vacuum and clean all carpet * Clean all windows, interior and exterior finish * Clean all light fixtures, plumbing fixtures and interior equipment * Remove all non-permanent labels (except fire labels) * Wash and clean all paved and sidewalk areas * Clean all landscaped areas CHAPTER 14: WARRANTY PROCEDURES 14.1 Response to Request The Architect upon receipt of a warranty item shall forward it immediately to the Contractor. Upon receipt of the warranty item, the Contractor shall initiate the repair. Prior to commencing any repairs the Contractor shall contact the person who submitted the form prior to visiting the school. Upon arrival at the school, or Owner s building, each worker shall check in and sign-in at the office or reception desk in the Administration Office. All workers shall be identified by their photo i.d Repairs and Acknowledgment of Repairs Coordination should be made with the Owner s personnel prior to commencing repairs. In any event, Owner-designated personnel must be present to acknowledge completion of the repair and must sign off on the copy and date it. A copy shall be sent back through the Contractor/Architect and then to the Director of Facilities Construction. The return of the signed copy constitutes completion of the request and all file copies can be so annotated. See 6.8 Utility Shutdown/Change Over for utility interruptions required for repairs Follow-up Letters The Facilities Construction Department will maintain a log of all warranty items mailed through the Architect to the Contractor. After 10 working days from initiation of the request, if the signed copy has not been returned, follow-up letters will be sent to the Architect for their action. Warranty items which take longer than 20 calendar days to complete will be considered severely deficient and meetings may be required to ascertain the failure of the Contractor to respond. It is expected that Architects will establish their own logs and follow-up procedures to avoid meetings of this nature.

71 Page 71 of 92 SECTION 7 APPENDIX A MINIMUM WAGE RATE DETERMINATION FOR NORTHSIDE INDEPENDENT SCHOOL DISTRICT SCHOOL FACILITIES CONSTRUCTION BY CONTRACT November, 2004 Pursuant to the requirements of law and in compliance with Government Code, et seq., the following wage determination is issued as required by law applicable to the work described. This wage determination shall be made a part of the contract for the work for which it is issued. The wage rates contained in the determination, including modifications, if any, shall be the minimum to be paid by contractors and subcontractors to each worker employed by it in the execution of the work. The contractor shall comply with all the requirements of Government Code et seq. When the contractor or subcontractor proposes to utilize a particular class of laborers or workmen not listed in the wage determination, such workman or laborer shall be classified or reclassified conformable to the wage determination and a report made in writing of such action to the Owner. When the interested parties are unable to agree on the classification or reclassification of workmen, the question with recommendations of the parties shall be submitted to the Owner for determination. The decision of the authorized representative of the Owner shall be furnished the parties and shall be binding and final. The contractor and each subcontractor shall keep, or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed by him, in connection with the said public work, and showing also the actual per diem wages paid to each of such workers, which record shall be open at all reasonable hours to the inspection of the Owner, its officers and agents. LOCATION OF PROJECT: Northside Independent School District San Antonio, Bexar County, Texas BUILDING CONSTRUCTION includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies, the installation of utilities, machinery and equipment, both above and below grade level, as well as incidental grading and paving.

72 Page 72 of 92 MINIMUM HOURLY WAGE RATE BUILDING CONSTRUCTION November, 2004 Air Conditioning Mechanic $22.96 Air Conditioning Mechanic Helper $ 8.82 Air Conditioning Serviceman $21.86 Air Conditioning Serviceman Helper $10.10 Bricklayer/Stone Mason $18.16 Carpenter, Form $12.02 Carpenter, Trim and Finish $14.92 Concrete Finisher $12.47 Drywall Installer $14.38 Electrician $18.93 Electronic Technician $14.45 Floor Layer, Resilient $12.00 Glazier $10.88 Ironworker, Reinforcing $10.19 Ironworker, Structural $12.50 Ironworker, Structural Helper $11.06 Laborer, Skilled $ 9.94 Laborer, Unskilled $ 8.10 Operator, Crane $15.90 Operator, Forklift $12.50 Painter $10.00 Pipefitter $23.10 Pipefitter, Helper $ 9.45 Plumber $23.93 Plumber Helper $ 9.65 Roofer $ 9.95 Roofer, Helper $ 9.01 Sheet Metal Worker, Roofing $13.92 Sheet Metal Worker, Roofing Helper $ 9.46 Sheet Metal Worker, Ductwork $20.87 Sheet Metal Worker, Ductwork Helper $ 7.99 Sprinkler System Installer (Fitter) $18.70 Tile Installer, Ceramic $12.15 Water proofer Installer $10.92 Welder, Certified Pipe $24.14 Welder, Structural $13.68 SITEWORK, PAVING, AND UTILITY CONSTRUCTION Carpenter, Rough $14.90 Laborer, Common $ 9.93 Laborer, Utility $ 9.50 Operator, Crane $11.50 Operator, Front-end-Loader (<2.5c.y.) $11.08 Operator, Motor Grader (Fine) $14.63 Pipe-layer $ 9.30 Steelworker, Structural $13.11 Truck Driver, Single Axle, Light $10.51 Truck Driver, Tandem Axle or Semi $11.78 Any worker employed on this project shall be paid at the rate of one and a half (1-1/2) times the regular rate for every hour worked in excess of forth (40) hours per week.

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74 Page 74 of 92 SECTION 8 SCOPE OF WORK PROJECT SCOPE The project scope will consist of varying types of site work that may be required to support the everyday operation of Northside Independent School District. In some instances the specific scope of work under this section will be specified by terms and conditions further identified in a Project Manual. Examples of Site Work that may be required include, but are not limited to: site preparation and trenching; concrete placement; utility adjustments or replacement; structural repairs; landscaping; sump pumps, controls and alarms; irrigation; air intake adjustments new/or replacement pavement striping and markers; signage. Site grading; drainage piping and inlets; asphalt and concrete paving; Under-floor excavation, grading and drainage; Under-floor Access Ramp with vehicular and pedestrian doors; replacement of soil retainers; downspout collection piping and outfall; walks, ramps and handrails; curbs; water, sewer and drainage system, installations, adjustments and additions; topsoil, sodding, seeding and hydromulching; fencing; storm water pollution prevention. In support of the primary project scope objective, some projects require work not traditionally performed by a Site Work Contractor as a necessary and integral part of the project scope. Submission of a Proposal for consideration is evidence that the proposer of services under this Contract acknowledges this and is responsible for this work, including scheduling and coordination. Examples of such work may include, but are not limited to, utility adjustments; landscaping, installation of sump pumps with controls and alarms. 1. Selected Vendors must be duly licensed in the City, County, or State to perform site work contracting. 2. Site Work projects will be quoted per job authorization. Other authorized Northside ISD Departments other than Engineering Services Department on occasion may utilize this Contract for Maintenance or Construction. The Vendor(s) agree to provide all of the materials and labor described in any Drawings, Specifications and other Construction Documents, or just labor. If only labor is required, NISD will furnish all necessary components to complete the project. When Site Work is needed, the following process will be used to obtain quotes and award the job: (a) Vendor(s) will be contacted by phone, facsimile or and will be provided with the location and the scope of the job. Construction documents and a site plan map will be provided by NISD or Engineer if necessary. A copy of the School Locator Area Map, for reference only, is included as Attachment A-1. (b) Vendor(s) shall arrange, through the NISD Department utilizing this Contract, any site visits prior to submitting quotes. (c) Job authorization must be in writing and can be mailed or hand delivered to the authorized NISD Department or the NISD Purchasing Department at the following location:

75 Page 75 of 92 George M. Ayala Director of Purchasing Northside Support Services Center Northside Independent School District 607 Richland Hills Dr. Ste. 700 San Antonio, Texas PHONE: (210) FAX: (210) (d) NISD will evaluate the individual job authorization and the successful contractor will be notified by the NISD Engineering Services Department or the authorized NISD Department. Quotations will be evaluated using the following evaluation factors: i) The price ii) The proposed Schedule iii) Subcontractors & Suppliers iv) Contractors personnel if different from original proposal v) Any other factor that may be relevant to the award of the job and in the interests in obtaining the Best Overall Value for Northside Independent School District 4. The NISD Engineering Services Department or the authorized NISD Department will obtain a purchase order from the NISD Purchasing Department. The successful contractor will be issued a purchase order and a notice to proceed when and if any required bonds and insurance are verified and if necessary the AIA Contract is signed by Northside ISD. 5. The successful contractor will be responsible for the following: (a) Providing a timeline and schedule for completion of the job with schedule of values prior to work commencing. (b) Providing all necessary site work materials, labor, and equipment to successfully complete the job. It will be the intent of the Construction Documents to provide an installation complete in every respect. In the event that additional details or special construction is required for work indicated or specified, it shall be the responsibility of the Contractor to provide all material and equipment which is usually furnished with such systems in order to complete the installation, whether mentioned or not. (c) Obtaining all required building or construction permits as required by the city, county, or state. (d) Complying with all applicable federal, state, county and city codes and regulations. (e) Maintaining responsibility of all construction workmen. Provide proof that each employee of the company that will be involved in the project is duly licensed and trained for that work. (f) Providing protection of people and property. (g) Notifying the Engineer or the NISD Engineering Services Project Manager in the absence of a Consulting Engineer, upon discovery of any questionable conditions, designs, materials, details, or procedures. (h) Submitting the appropriate document [AIA Document A101, 2007 Edition- Agreement between Owner and Contractor] with each awarded project in excess of $25,000. A copy of this form for reference only is included as Attachment A-2. The

76 Page 76 of 92 Contract and all associated Documents shall be prepared in not less than three (3) original signed sets. The signed Purchase Order shall suffice for projects less than $25,000, but all other terms and conditions shall remain intact. (i) The provisions and conditions of the General Conditions to the Contract [AIA Document A201, 2007 Edition] and the Northside ISD Supplementary Conditions shall apply and govern all work performed by the Contractor regardless of the dollar value of any particular project. (j) Submitting the appropriate document [AIA Document G701 Change Order, 2001 Edition] for any change orders for a project. Upon discovery of circumstances or conditions leading to the conclusion that a construction change should be made, the person requesting the change will complete a Proposed Change Order Form. A copy of this form is included for reference only as Attachment A-3. Any changes from a Contractor shall be transmitted to the Engineer. (k) Submitting the appropriate document [AIA Document G702 Application and Certificate for Payment] one original three copies. The final Application for Payment may not be submitted until the project has been approved by the Engineer, NISD, and all governing agencies. Additionally, the final application for payment will not be reviewed until all prerequisites for project close-out have been satisfactorily completed and delivered to Owner including as-built drawings, lien releases, maintenance manuals, warranties, equipment instructions, etc. A copy of this form for reference only is included as Attachment A-4. (l) Submitting the appropriate document [AIA Document G703 Continuation Sheet] for the Schedule of Values. The Contractor is required to submit this schedule to the Engineer prior to the Contractor' first Application and Certificate for Payment. Included in this submission must be a construction schedule for the entire project. Multiple site projects shall have a separate AIA Document G703 prepared for each site. A copy of this form for reference only is included as Attachment A-5. (m) Submitting the appropriate document [AIA Document G704 Certificate of Substantial Completion] for project completion. A copy of this form for reference only is included as Attachment A-6. (n) Submitting the appropriate document [AIA Document G706 Contractor s Affidavit of Payment for Debts and Claims]. A copy of this form for reference only is included as Attachment A-7. (o) Submitting the appropriate document [AIA Document G706A Contractor s Affidavit of Release of Liens]. A copy of this form for reference only is included as Attachment A-8. (p) In some projects, the contractor delegates a part of the above to subcontractors experienced in a specific phase of the work. Although this is acceptable, the Contractor must understand that he remains solely responsible to the District for techniques, materials, and quality of the work performed by his sub-contractors. The contractor agrees that no portion of the services specified shall be subcontracted without the express written consent of all specifications, terms and conditions specified herein and shall be complied with, the same as performed by the original contractor. The Contractor will be responsible for submitting a proposed Subcontractor list for approval by the Owner and the Engineer. A copy of this form for reference only is included as Attachment A-2.

77 Page 77 of 92 (q) It is understood that all references to Architect in and throughout all AIA Documents, shall refer to the Engineer if one is assigned, or to the NISD Engineering Services Project Manager assigned if no Consulting Engineer is assigned. 6. Insurance and Bonds: The Contractor must certify that they shall be able to procure and provide to the Owner (NISD) evidence of insurance and bonds, which meet the requirements established by the Northside ISD Supplementary Conditions. Insurance and Bonding Certification must be submitted with the Proposal (Attached as Schedule 4). Failure to provide Insurance and Bonding Certification could result in the disqualification of the Proposal. 7. Prevailing Wage Rate: as set forth in the Contract documents, each Proposer is advised that, if awarded the Contract, the Proposer must comply with the requirements of V.T.C.A., Government Code et seq., with respect to the Work and in this regard shall pay to and cause all of its subcontractors to pay not less than the general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work, as ascertained by the Owner. (See pages 68-69)

78 ATTACHMENT A-1 NISD School Locator Area Map NISD RFP # Page 78 of 92

79 Page 79 of 92 ATTACHMENT A-2 Standard Form of Agreement between Owner and Contractor

80 Page 80 of 92 ATTACHMENT A-3 Change Order

81 Page 81 of 92 ATTACHMENT A-4 Application and Certificate for Payment

82 Page 82 of 92 ATTACHMENT A-5 Continuation Sheet

83 Page 83 of 92 ATTACHMENT A-6 Certificate of Substantial Completion

84 Page 84 of 92 ATTACHMENT A-7 Contractor s Affidavit of Payment of Debts and Claims

85 Page 85 of 92 ATTACHMENT A-8 Contractor s Affidavit of Release of Liens

86 Page 86 of 92 ATTACHMENT A-9 CONTRACTOR S ASBESTOS-FREE AFFIDAVIT NORTHSIDE INDEPENDENT SCHOOL DISTRICT GENERAL CONTRACTOR NON-ASBESTOS MATERIALS CERTIFICATION This will certify that no asbestos containing materials were used in the construction of this project. NAME OF PROJECT: GENERAL CONTRACTOR: CERTIFIED BY: TITLE: DATE:

87 Page 87 of 92 ATTACHMENT A-10 Weather Data Sheet for San Antonio, Texas (Rain related) Month 30 Year Average Average Rainfall Rain Days* January February March April May June July August September October November December TOTALS *Rain days expressed here to the nearest whole day. Data gathered from NOAA web site: A rain day, for the purposes of this contract, shall be defined as any day where work on the project is substantially affected by the weather or muddy conditions so as to materially affect the critical path of the project. A minimum of 0.20 inches of rain must be measured and documented at the site by an Ownerrecognized gauging device provided by the Contractor. Extensions of time for weather-related delay shall be exclusively defined by terms outlined in the Supplementary General Conditions and Owner s Special Conditions.

88 ATTACHMENT A-11 NISD RFP # Page 88 of 92

89 ATTACHMENT A-12 NISD RFP # Page 89 of 92

90 Page 90 of 92 ATTACHMENT A-13 Northside ISD Facilities & Operations Project Closeout Checklist